Strauss v. Kunin

WOOD (Parker), J.

The first five causes of action, alleged in the complaint, were for damages resulting from the flow of water, dirt, and debris from defendant’s property onto plaintiffs’ property. After a partial trial those causes of action were dismissed, and the trial proceeded upon the sixth cause of action. By that cause of action plaintiffs sought (1) to enjoin defendant from discharging water from a pipeline into a public street; (2) to compel defendant to remove the portion of the pipeline which extends under and across two or three feet of plaintiffs’ land; (3) for damages…