Cady v. Springfield Water Works Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was begun to : (1) Restrain the defendant from interrupting the flow of water from a spring to the plaintiff’s premises.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was begun to : (1) Restrain the defendant from interrupting the flow of water from a spring to the plaintiff’s premises. (2) Compel it to restore the spring and the conduits, connecting it with the plaintiff’s premises, to their former condition. (3) Recover the damages sustained. The facts, so far as material, are…
1Opinion of the Court
Follett, Ch. J.
Elk street, which is three rods in width, extends northerly and southerly through the village of Spring-ville, and’is crossed at right angles by Main street, which is four rods in width. On the south-east corner of these streets is a lot of land owned, since July 26,1880, by John P. Myers, on which there is a valuable spring of potable water. A lot on the south-west corner of these streets was conveyed March 12, 1867, by David Oyer to this plaintiff, which he has ever since owned. The deed by which he acquired his title contains the following provision: “ And said first party…
2Cases cited1 opinion
- Perrin v. GarfieldSupreme Court of Vermont · 1864
3Cited by14 opinions
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- D. M. Goodwillie Co. v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Graham v. WalkerSupreme Court of Connecticut · 1905
- Lindenmuth v. Safe Harbor Water Power Corp.Supreme Court of Pennsylvania · 1932
- Anania v. SerentaSupreme Court of Pennsylvania · 1923
9 more not listed; retrieve them via the Exa API.