Mann v. Willey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harvey Willey, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 12tli day of January, 1900, upon the decision of the court rendered after a trial at the Essex Trial Term before the court without a jury.
1Opinion of the Court
Per Curiam :
The plaintiff is a riparian owner upon the banks of a creek known as Gulf brook. She complains that the defendant, who keeps a summer hotel located some fifty-four rods further up the stream, has polluted the water of such stream by discharging all the sewage from his hotel into it. She brings this action for a perpetual injunction against the defendant so discharging into the stream, and for damages for the injury already caused her.
The defendant resists her cláim.upon two grounds :
First. That, although the sewage is so discharged into the stream, it does not in fact pollute it.
Se…
2Cases cited7 opinions
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- New York Rubber Co. v. RotheryNew York Court of Appeals · 1892
- Townsend v. BellNew York Supreme Court · 1891
- Moody v. Village of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by3 opinions
- Butler v. Village of White PlainsAppellate Division of the Supreme Court of the State of New York · 1901
- Waterloo Woolen Manufacturing Co. v. StateNew York Court of Claims · 1922
- Storm King Paper Co. v. Firth Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1918