Smith v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, "V^alter R. Smith, from a judgment of the Supreme Court in fav^r/of the defendant, entered in the office of the clerk of the county of Queen's on the 24th day of February, 1897, upon the dismissal of his complaint by direction of the court after a trial at the Queens County Trial Term.
1Opinion of the Court
Hatch, J.:
For the purpose of furnishing the city of Brooklyn with a water supply the defendant constructed upon its land's in the county of Queens a reservoir, aqueduct and culverts, or conduits, for holding and carrying the water. In the process of construction of these works it excavated a trench, which, at Freeport, upon the line, was about twenty-seven feet below the surface of the ground, in which it placed a box for carrying the water during the construction of the work, and to operate as a conduit for the same thereafter. It also sunk a number of wells and connected them with powerful…
2Cases cited7 opinions
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Malone v. . HathawayNew York Court of Appeals · 1876
- Ellis v. DuncanNew York Supreme Court · 1855
- Bloodgood v. . AyersNew York Court of Appeals · 1888
- Ætna Mills v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1879
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3Cited by29 opinions
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Hathorn v. . Natural Carbonic Gas Co.New York Court of Appeals · 1909
- Stillwater Water Co. v. FarmerSupreme Court of Minnesota · 1903
- Gagnon v. French Lick Springs Hotel Co.Indiana Supreme Court · 1904
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
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