Sutter v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Sutter, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 22d day of September, 1903.
1Opinion of the Court
Hooker, J.:
This is an appeal from an order requiring the plaintiff to permit the defendant to enter upon his real property for the purpose of making a survey of the surface, boring beneath the surface to ascertain underground water levels, and permitting it to take and carry away samples of the soil. The action is brought to recover damage's alleged to have been suffered by the plaintiff by reason of the defendant’s alleged trespass upon the plaintiff’s realty, committed by means of the establishment of pumping stations and wells near his premises, whose operations have resulted in draining…
2Cases cited2 opinions
- Fromme v. LisnerNew York Supreme Court · 1892
- McAllister v. PondThe Superior Court of New York City · 1858
3Cited by1 opinion
- Reiss v. Kirkman & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1934