Legal Opinion

New York Carbonic Acid Gas Co. v. Geyser Natural Carbonic Acid Gas Co.

New York Supreme Court

Decided August 15, 1901PublishedCited by 1 opinion

Action to procure the establishment of a right of way, as the plaintiff had adopted it, and for an injunction restraining the defendant from tearing up a pipe, which the plaintiff had laid, or had attempted to lay, beneath the right of way adopted by it.

1Opinion of the CourtRussell, J.

The subject of this controversy is the right claimed by plaintiff to transport liquid carbonic acid gas, from its own mineral springs in the town of Saratoga Springs over the' defendant’s adjacent lands, to a point of access to plaintiff’s additional lands on which it has erected valuable works for the compression of fluid gas into liquid form for commercial purposes. The privilege is a valuable one, the defendant asking the plaintiff $600 per year for its use' at the present time, and denying that the plaintiff has any right to such use however much or little that use may interfere with the…

2Cases cited12 opinions

  1. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  2. Palmer v. . PalmerNew York Court of Appeals · 1896
  3. The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
  4. Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
  5. Arnold v. . FeeNew York Court of Appeals · 1896

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Realty Title & Investment Co. v. Fairport, Painesville & Eastern Rd.Ohio Court of Appeals · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API