Pierson v. Speyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Speyer, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 21st day of July, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, restraining the defendant from so intercepting the flow of water in a certain stream as to diminish the flow thereof prior to the construction of a certain dam, and from continuing the dam so…
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Appeal by the defendant, James Speyer, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 21st day of July, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, restraining the defendant from so intercepting the flow of water in a certain stream as to diminish the flow thereof prior to the construction of a certain dam, and from continuing the dam so erected by said defendant.
1Opinion of the Court
Hooker, J.:
The plaintiffs had for many years prior to the commencement of this action owned a piece of land in Westchester county, through which flowed a small natural stream. They were in the business of growing roses under glass, and the plants required to be supplied with water daily; a lack of it for more than a few days would have proved fatal. A reservoir had been built by the plaintiffs on their land for the purpose of impounding the waters of the stream for this use, which required between 5,000 and 6,000 gallons per day. In the summer of 1899 the defendant built a dam across one of…
2Cases cited6 opinions
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Palmer v. MulliganNew York Supreme Court · 1805
- Platt v. Johnson & RootNew York Supreme Court · 1818
- Bullard v. Saratoga Victory Manufacturing Co.New York Court of Appeals · 1879
- Standen v. New Rochelle Water Co.New York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Glasgold v. Secretary of Health and Human ServicesDistrict Court, E.D. New York · 1982