Chapman v. . City of Rochester
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 April 17, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from polluting a natural stream flowing through plaintiff’s premises and to recover damages caused thereby.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 17, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from polluting a natural stream flowing through plaintiff’s premises and to recover damages caused thereby. The plaintiff was awarded at Special Term $1,200 damages for present injury and an injunction to restrain the nuisance complained of. The material facts appear in the opinion. The defendant…
1Opinion of the CourtDanforth, J.
The plaintiff was the owner and occupant of certain premises, containing more than four acres of land, in the town of Brighton, adjoining the city of Rochester, and watered by a stream known as “ Thomas creek,” which, rising in that city and fed by springs of pure water, ran northwardly and across the plaintiff’s premises into Irondequoit bay. He collected its water into an artificial basin, making it serve as well for domestic uses as the propagation of fish, and from it, in due season, he also procured a supply of ice.
The defendant thereafter constructed sewers, and through them discharged…
2Cited by47 opinions
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- Nolan v. City of New BritainSupreme Court of Connecticut · 1897
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