Forbell v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made January 9, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made January 9, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The judgment grants a perpetual injunction restraining the city of New York from operating its engines, driven wells and pumping stations known as the Spring Creek Pumping Station in the borough of Queens, city of New York, on the conduit line near the Kings county boundary line, and awards past damages to the jfiaintiff in the sum of $6,000,…
1Opinion of the CourtLandon, J.
The defendant makes merchandise of the large quantities of water which it draws from the wells that it has sunk upon its two acres of land. The plaintiff does"not complain that any surface stream or pond or body of water upon his own land is thereby affected, but does complain and the courts below have found that the defendant exhausts his land of its accustomed and natural supply of underground or subsurface water, and thus prevents him from growing upon it the crops to which the land was and is peculiarly adapted, or destroys such crops after they are grown or partly .grown.
The defendant…
2Cases cited8 opinions
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Goodale v. . TuttleNew York Court of Appeals · 1864
- The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Huber v. MerkelWisconsin Supreme Court · 1903
- Higgins Oil & Fuel Co. v. Guaranty Oil Co.Supreme Court of Louisiana · 1919
- Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
61 more not listed; retrieve them via the Exa API.