Cartwright v. Canandaigua Gas-Light Co.
New York Supreme Court
Appeal from a judgment of the Ontario County Court, reversing a judgment in the plaintiff’s favor recovered in a Justice’s Court for fifty dollars, being one penalty given by chapter 534 of the Laws of 1879, entitled “ An act for the preservation of moose, wild deer, birds, fish and other game.”
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Appeal from a judgment of the Ontario County Court, reversing a judgment in the plaintiff’s favor recovered in a Justice’s Court for fifty dollars, being one penalty given by chapter 534 of the Laws of 1879, entitled “ An act for the preservation of moose, wild deer, birds, fish and other game.” The only section of the act necessary to be noticed is the twenty-fifth, which is as follows: “No person, association, company or corporation shall throw or deposit, or permit to be thrown or deposited, any dye-stuff, coal-tar, refuse from gas-houses, saw-dust, lime or other deleterious substance, or…
1Opinion of the Court
BARKER, J.:
The defendant’s gas factory is located on -.the bank of a small stream or brook which flows into Canandaigua lake. The refuse substances resulting from a distillation of coal in generating gas by means of pipes and other conduits is carried to, emptied in and mingled with the waters of this stream. The volume of such refuse *405matter wbieb has been from time to time cast into this stream cannot be very definitely ascertained from the evidence, but it appears to have varied in quantity and continued for several months prior to the commencement of this action.
This act of the defendant…
2Cases cited4 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Lake Shore & Michigan Southern Railway Co v. RoachNew York Court of Appeals · 1880
- La Farge v. . Exchange Fire Insurance CompanyNew York Court of Appeals · 1860
- Hall v. SiegelNew York Supreme Court · 1872