Standen v. New Rochelle Water Co.
New York Supreme Court
Appeal from special term, Westchester county. Action by Elizabeth G. Standen against the New Rochelle Water Company to enjoin defendants from obstructing the natural flow of a nonnavigable river, and diverting it from the channel thereof, except for the usual use on defendant’s premises. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtPratt, J.
This is an appeal from a judgment at a special term of this court entered in the office of the clerk of Westchester county on March 5, 1895. The action was commenced on August 22, 1894, and was brought for the purpose of enjoining and restraining the defendant from obstructing the natural flow of a nonnavigable stream of fresh water, known as “Hutchinson Greek,” which runs in a southerly direction through portions of New Rochelle, Pelham, and Eastchester, and from diverting the water from the channel of the stream, excep¿ for such uses on defendant’s premises as are usual and proper for upper…
2Cases cited4 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Scriver v. . SmithNew York Court of Appeals · 1885
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1892
- City of Syracuse v. StaceyNew York Supreme Court · 1895
3Cited by9 opinions
- Penrhyn Slate Co. v. Granville Electric Light & Power Co.New York Court of Appeals · 1905
- Loranger v. City of FlintMichigan Supreme Court · 1915
- Gray v. Village of Fort PlainAppellate Division of the Supreme Court of the State of New York · 1905
- Pierson v. SpeyerAppellate Division of the Supreme Court of the State of New York · 1903
- Pierson v. SpeyerAppellate Division of the Supreme Court of the State of New York · 1903
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