Westphal 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 October 13, 1902, affirming a judgment in favor of plaintiffs 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 second judicial department, entered October 13, 1902, affirming a judgment in favor of plaintiffs 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. The award of a sum, on payment or tender of which the defendant may continue the operation of its Spring Creek pumping station as against the plaintiffs, is a judgment authorizing the taking of private property without due process of law and by a procedure violative of the…
1Opinion of the CourtG-bay, J.
These plaintiffs, as owners of farm lands, now within the city limits of the defendant, upon allegations to the effect that, by the establishment of driven wells and of pumping stations, the latter was liable for having caused, and for continuously causing, injuries of an irreparable nature to them, through the drying up of a watercourse and the absorbing of the natural underground waters, demanded a judgment for damages suffered in the past; for a permanent injunction against the operation of the wells and such other relief as to the court might seem just.- The trial court, concisely stating…
2Cases cited2 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
3Cited by22 opinions
- Boomer v. Atlantic Cement Co.New York Court of Appeals · 1970
- Ferguson v. Village of HamburgNew York Court of Appeals · 1936
- People v. SimsAppellate Court of Illinois · 1969
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- State v. MeyerSupreme Court of Iowa · 1907
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