Hathorn v. . Natural Carbonic Gas Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 25, 1908, which modified and affirmed as modified an order of Special Term granting a motion for a preliminary injunction pendente lite.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 25, 1908, which modified and affirmed as modified an order of Special Term granting a motion for a preliminary injunction pendente lite. The action was brought by the respondents as owners of lands in the town of Saratoga Springs, New York, whereon were springs wherefrom naturally flowed waters holding in solution natural mineral salts and an excess of carbonic acid gas, to restrain appellant from accelerating and increasing by means of pumps and other…
1Opinion of the CourtHiscock, J.
The object of this action is to restrain the appellant from using pumps and other apparatus for the purpose of accelerating and increasing the flow of subterranean percolating waters and gas through deep wells which it has sunk upon its premises in the town of Saratoga Springs.
The respondents insist that their complaint, which has been summarized in the foregoing statement, sets forth a cause of action both at common law and under the provisions of the statute entitled “An act for the protection of the natural mineral springs of the State and to prevent waste and impairment of its natural…
2Cases cited20 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Hudson County Water Co. v. McCarterSupreme Court of the United States · 1908
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
- Katz v. WalkinshawCalifornia Supreme Court · 1903
15 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Gas Products Co. v. RankinMontana Supreme Court · 1922
- United States v. Union Oil Company of CaliforniaCourt of Appeals for the Ninth Circuit · 1977
- State v. Michels Pipeline Construction, Inc.Wisconsin Supreme Court · 1974
- People v. New York Carbonic Acid Gas Co.New York Court of Appeals · 1909
30 more not listed; retrieve them via the Exa API.