Pine v. Mayor of New York
U.S. Circuit Court for the District of Southern New York
This was a suit by Samuel Pine and others against the mayor, etc., of city of New York, to enjoin the diversion of. water from a stream. The cause was heard on a motion for preliminary injunction.
1Opinion of the Court
WHEELER, District Judge.
This cause has been heard on a motion for a preliminary injunction to restrain diversion to defendants’ water supply of the water of one branch of the Byram river from that branch above where the river passes the plaintiffs’ lands. It does not yet appear but that sufficient water would be left in the river coming from this branch and elsewhere for all their uses as ordinary riparian proprietors; nor that any substantial injury would accrue, or any that could not be well compensated for at law. Prentiss v. Larnard, 11 Vt. 135; Slate Co. v. Adams, 46 Vt. 496. Besides…
2Cases cited2 opinions
- Prentiss v. LarnardSupreme Court of Vermont · 1839
- Fairhaven Marble v. AdamsSupreme Court of Vermont · 1874