Reisert v. City of New York

In the class of cases to which this belongs, the true measure of damage is the difference between what the use of the land is reasonably worth deprived of its natural water, and what it would have been reasonably worth with such water. That is the measure of general damage. See 3 Sedg. on Dam., §§ 941, 942, and cases cited.

Special damage may in some cases be recoverable. No rule can be laid down for special damage; each case depends on its own circumstances. If the subtraction of the water is made without warning while a growing crop is on the way, the value of the use of the land will not…