Gardner v. Trustees of Village of Newburgh
New York Court of Chancery
THE bill, which was for an injunction, stated, that the plaintiff is owner of a farm in the village of Newburgh, through which a stream of water has, from time immemorial, . run, having its source from a spring in the adjoining farm of the defendant Hasbrouck, and after entering the plaintiff’s land, continues its whole course .through his farm, until it empties into the Hudson river.
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THE bill, which was for an injunction, stated, that the plaintiff is owner of a farm in the village of Newburgh, through which a stream of water has, from time immemorial, . run, having its source from a spring in the adjoining farm of the defendant Hasbrouck, and after entering the plaintiff’s land, continues its whole course .through his farm, until it empties into the Hudson river. That this stream greatly fertilizes his fields, and, running near his house, serves for watering his cattle, and for various domestic and economical purposes. That it supplies water to a brick yard on the farm…
1Opinion of the Court
The Chancellor.
[ * 164 ]
The statute under which the trus- - tees of the village of Newburgh are proceeding, (sess. 32. ch. 119.) makes adequate provision for the party injured by the laying of the conduits through his land, and also affords security to the owner of the spring or springs from whence the water is to be taken. But there is no provision *for making compensation to the plaintiff, through whose land the water issuing from the spring has been accustomed to flow. The bill charges, that the trustees are preparing to divert from the plaintiff’s land, the whole, or the most part of the…
2Cited by28 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
- Beidler v. Sanitary DistrictIllinois Supreme Court · 1904
- Bonaparte v. Camden & A. R.U.S. Circuit Court for the District of New Jersey · 1830
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