Legal Opinion

Warren v. City of Gloversville

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, John 0. Warren, from so much, of a judgment of the Supreme Court, 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 at the Fulton Trial Term before the court without a- jury, as denies the plaintiff’s motion for an injunction. The defendant is a municipal corporation containing about 18,000 inhabitants, and is located on the Cayadutta creek.

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Appeal by the plaintiff, John 0. Warren, from so much, of a judgment of the Supreme Court, 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 at the Fulton Trial Term before the court without a- jury, as denies the plaintiff’s motion for an injunction. The defendant is a municipal corporation containing about 18,000 inhabitants, and is located on the Cayadutta creek. The Cayadutta creek is a natural stream flowing southerly through, the city of Gloversville, to and through the city of Johnstown.…

1Opinion of the Court

Chase, J.:

An equity court is not bound to issue an injunction when it will produce great public or private mischief merely for the purpose of protecting a technical or unsubstantial right. (Gray v. Man. R. Co., 128 N. Y. 509; Garvey v. Long Island R. R. Co., 159 id. 323.)

When, however, the damages are substantial, the fact that an injunction would interfere with great industries, the development of natural resources, or with the plans of a great city for drainage, is not a sufficient reason for relaxing the ordinary rules governing the rights of riparian owners of land. (Strobel v. Kerr Salt…

2Cases cited2 opinions

  1. Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
  2. Sammons v. City of GloversvilleNew York Supreme Court · 1901

3Cited by7 opinions

  1. Warren v. ParkhurstNew York Supreme Court · 1904
  2. Stebbins v. Frisbie & Stansfield Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1922
  3. Warren v. ParkhurstAppellate Division of the Supreme Court of the State of New York · 1905
  4. Warren v. ParkhurstAppellate Division of the Supreme Court of the State of New York · 1905
  5. Thornhill v. SkidmoreNew York Supreme Court · 1961

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