Hathorn v. Natural Carbonic Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Natural Carbonic Gas Company, • from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 22d day of January, 1917, granting plaintiffs an extra allowance of costs.
1Opinion of the Court
Cochrane, J.:
This action was brought by the predecessors of the plaintiffs to restrain the defendant from accelerating and increasing by means of pumps and other apparatus the flow of mineral *426waters on its own premises, thereby substantially diminishing the flow of such water from the spring of the predecessors of the respondents. The action was before the Court of Appeals on the question of the sufficiency of the complaint and the propriety of a preliminary injunction and was reported in 194 New York, 326. The action has since been tried and has resulted in a judgment in favor of the…
2Cases cited9 opinions
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Conaughty v. . the Saratoga County BankNew York Court of Appeals · 1883
- Struthers v. . PearceNew York Court of Appeals · 1873
- People v. PageAppellate Division of the Supreme Court of the State of New York · 1899
- Weaver v. . ElyNew York Court of Appeals · 1880
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3Cited by1 opinion
- Elna Realty Co. v. Mamaquarro Apartments Corp.New York Supreme Court · 1931