Legal Opinion

Whalen v. . Union Bag Paper Co.

New York Court of Appeals

Decided March 25, 1913PublishedCited by 31 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 26, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 26, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the Special Term’s findings of fact, modified. only as to the quantum of money damages, plaintiff is entitled to a permanent injunction as matter of law. (Strobel v. Kerr Salt Co., 164 N. Y. 303; Gardner v. Village of Newburgh, 2 Johns. Ch. 162;…

1Opinion of the CourtWerner, J.

The plaintiff is a lower riparian owner upon Kayadérosseras creek in Saratoga county, and the defendant owns and operates on this stream a pulp mill a few miles above plaintiff’s land. This mill represents an investment of more than a million dollars and gives employment to 400 or 500 operatives. It discharges into the waters of the creek large quantities of a liquid effluent containing sulphurous acid, lime, sulphur, and waste material consisting of pulp wood, sawdust, slivers, knots, gums, resins and fibre. The pollution thus created, together with the discharge from other industries…

2Cases cited2 opinions

  1. Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
  2. Weston Paper Co. v. PopeIndiana Supreme Court · 1900

3Cited by31 opinions

  1. Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
  2. Hark v. Mountain Fork Lumber Co.West Virginia Supreme Court · 1945
  3. McCann v. . Chasm Power Co.New York Court of Appeals · 1914
  4. White Lake Improvement Ass'n v. City of WhitehallMichigan Court of Appeals · 1970
  5. York Et Ux v. StallingsOregon Supreme Court · 1959

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