Ellis v. Duncan
New York Supreme Court
MOTION to dissolve a preliminary injunction. The action was brought to restrain the defendants from digging ditches upon their land, or opening and working a stone or marble quarry thereon, so as to intercept or cut off the underground sources of a spring existing upon the plaintiff’s land adjoining the farm of the defendant, which supplied a small stream of water, flowing partly through the land of each party.
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MOTION to dissolve a preliminary injunction. The action was brought to restrain the defendants from digging ditches upon their land, or opening and working a stone or marble quarry thereon, so as to intercept or cut off the underground sources of a spring existing upon the plaintiff’s land adjoining the farm of the defendant, which supplied a small stream of water, flowing partly through the land of each party. It was alleged in the affidavits read by the defendants, on the motion, that the defendants purchased the farm adjoining the plaintiff’s land, with the intent of improving the same as…
1Opinion of the Court
By the Court, S. B. Strong, J.
The question involved in this controversy is, whether the owner of a farm may dig a ditch to drain his land, or open and work a quarry upon it, when by so doing he intercepts one of the underground sources of a spring on his neighbor’s land, which supplies a small Stream of water flowing partly through the land of each, and , thereby diminish the natural supply of water, to the injury of the adjoining proprietor. There can be no doubt of the correctness of the injunction sic utere tuo ut alienum non Icedas : but I have frequently had occasion to remark that it…
2Cited by21 opinions
- Livingston v. McDonaldSupreme Court of Iowa · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
- Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
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