Reisert v. City of New York
New York Supreme Court
Suit in equity to restrain the defendant from operating its pumps to driven wells on its neighboring land to such an extent as to exhaust the water and moisture from the plaintiff’s land, and damage the same; and to recover for the damage already done to the plaintiff’s land.
1Opinion of the Court
Gayko e, J.:
This case has already been to the Court of Appeals, which has sent it back for a new trial (174 N. Y. 196). The opinion there written starts out with the statement that this is an action for damages, but the complaint shows it to be a suit in equity to restrain the defendant from operating its pumps to its driven wells on its neighboring land to an extent which exhausts the waters and moisture from the plaintiff’s land, and injures it; and incidentally to recover past damages. I have carefully read the opinion, which is of great length, several times, and although it was written…
2Cases cited3 opinions
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Westphal v. City of New YorkNew York Supreme Court · 1901
- Reisert v. City of New YorkNew York Supreme Court · 1901
3Cited by1 opinion
- Reisert v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905