Jager v. City of New York
New York Supreme Court
Actioh to recover damages for diversion, of underground waters by driven wells operated by defendant. (See Forbell v. City of Yew York, 164 Y. Y. 522.)
1Opinion of the CourtChester, J.
There is one fact in this case which distinguishes it from cases of a like class, so far as. I can judge, from the opinions that have recently been handed down by Justice Gaynor in Westphal v. City of New York (34 Misc. Rep. 684), and by Justice Marean in Reisert v. City of New York (35 Misc. Rep. 413), *623and that is, that the plaintiff here has built a system of drainage canals, or ditches upon his farm leading to Spring creek, which, before the installation of the driven well plant of 1894, kept his lands from being to‘o wet for successful market gardening, yet drained the water under his…
2Cases cited2 opinions
- Westphal v. City of New YorkNew York Supreme Court · 1901
- Reisert v. City of New YorkNew York Supreme Court · 1901