Sammons v. City of Gloversville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,. Willard S. Sammons, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 7th day of November, 1902, upon the decision of the court, rendered after a trial before the court without a jury at the Fulton Trial Term, as denies the plaintiff’s motion for an injunction.
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Appeal by the plaintiff,. Willard S. Sammons, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 7th day of November, 1902, upon the decision of the court, rendered after a trial before the court without a jury at the Fulton Trial Term, as denies the plaintiff’s motion for an injunction. The plaintiff, who is an owner of lands about nine miles below the city of Gloversville, through which the Cayadutta creek, a large natural stream, flows, has brought this action against such city to restrain it from…
1Opinion of the Court
Chester, J.:
It having been found by the court that the defendant is maintaining a nuisance to the 'plaintiff by polluting the stream flowing through his land with its sewage, rendering such stream unfit for Ilia uses as a riparian owner and materially damaging him; that such nuisance is continually increasing, and will be continued permanently unless restrained by the court and that unless so restrained a multiplicity of suits will ensue, a clear case is made for equitable relief and an injunction should have been granted regardless Of the distance of plaintiff’s land from the city. (Butler…
2Cases cited3 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Sammons v. City of GloversvilleNew York Supreme Court · 1901
- Butler v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Western New York Water Co. v. City of Niagara FallsNew York Supreme Court · 1915
- Lawatsch v. City of KingstonNew York Supreme Court · 1910