Westphal v. City of New York

This case and three others, viz., of Theodore Hiller, Frederick Hiller and John H. Dieekmann, were tried at the same term, and by consent are to be considered together. There are certain general facts applicable to them all which will be considered first.

The plaintiffs all claim that the productive capacity of their farms is injured by the pumping of water out of the earth by the city in the vicinity. It is claimed that the surface of the land is dried up thereby. The pumping is -from a depth of 36 to 157 feet below the surface. The claim is that this causes the water table or level to fall…