Reisert v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick Reisert, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 2d day of January, 1904, upon the decision of the court rendered after a trial at the Kings County Special Term awarding the plaintiff nominal damages, but denying his motion for an injunction.
1Opinion of the Court
Hooker, J. :
The plaintiff ,gñes fbr past damages and a permanent injunction restraining the operation of defendant’s pumps and driven wells near his farm-. It was admitted upon the -.trial that the operation of these wells had lowered the natural level of'the subterranean waters under the plaintiff’s property, and it was theie conceded that the only question in the case was the extent to "which the pumping stations had lowered the water table - and any damage traceable thereto. The sixth finding of fact is as fallows “ That by reason of said pumping and' trespass on and tó the plaintiff’s…
2Cases cited4 opinions
- Smith v. . City of BrooklynNew York Court of Appeals · 1899
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Reisert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Reisert v. City of New YorkNew York Supreme Court · 1903
3Cited by2 opinions
- Strang v. City of New YorkNew York Supreme Court · 1910
- Willis v. City of New YorkNew York Supreme Court · 1910