Vanderbilt v. State

In the construction of the State highway adjoining a portion of claimant’s land, a well was rendered unfit for use and damages therefor are sought in this claim upon the grounds stated in claimant’s 17th requested finding of fact: “ That the excavation made by the State of New York, cut the subterranean stream of water to the claimant’s well, and the well was destroyed.”

None of claimant’s property was appropriated.

*587In County of Erie v. Fridenberg (221 N. Y. 389), where a well supplied by subterranean water was damaged by blasting on defendant’s appropriated land, the court said (on p. 393): “…