Pierson v. . Speyer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1903, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of fact do not lead to the conclusion of law upon which the judgment at Special Term was based. (Bullard v. S. V. Mfg.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 19, 1903, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of fact do not lead to the conclusion of law upon which the judgment at Special Term was based. (Bullard v. S. V. Mfg. Co., 77 N. Y. 525.) There is no finding in this case that the user made by the defendant of his pond was unreasonable, and the evidence on this…
1Opinion of the CourtHaight, J.
This action was brought to enjoin the defendant from intercepting the flow of water in a natural stream through his premises, or in any manner interfering with the same so as to diminish the natural flow of water therein through the plaintiffs’ premises.
The defendant was the upper riparian owner and the plaintiffs the lower owners of the stream in question. The plaintiffs had constructed a dam and reservoir by which they impounded the waters of the stream for the purpose cf supplying water daily to the growing of roses, a business in which they were engaged. In the summer of 1899 the…
2Cases cited1 opinion
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
3Cited by10 opinions
- United Paper Board Co. v. Iroquois Pulp & Paper Co.New York Court of Appeals · 1919
- Niagara Mohawk Power Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 1985
- Elwood v. City of New YorkDistrict Court, S.D. New York · 1978
- Michelsen v. LeskowiczAppellate Division of the Supreme Court of the State of New York · 1946
- Hartzell v. Village of HamburgNew York Supreme Court · 1935
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