Fonda v. Village of Sharon Springs
New York Supreme Court
Action for injunction restraining the defendant from discharging sewage matter by means of its municipal sewer system into a stream known as Brimstone crock, which runs over the premises of the plaintiff, and for damages sustained thereby.
1Opinion of the CourtLeBoeuf, J.
The plaintiff is the owner of a farm located in 'Schoharie county, a short distance from the village of *102Sharon Springs, and. containing about 100 acres. Prior to 1898 the farm was employed principally as a dairy farm. It has been continuously so employed down to the time of the commencement of this action and, according to defendant’s, witnesses, is peculiarly adapted for such use. It is watered by Brimstone creek, a stream of considerable width, but of comparatively slight depth in the summer time except for pools which, form in it. The primary usefulness of this stream to the plaintiff has…
2Cases cited8 opinions
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Mills v. HallNew York Supreme Court · 1832
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- Kelly v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by2 opinions
- Waterloo Woolen Manufacturing Co. v. StateNew York Court of Claims · 1922
- People v. WillisNew York City Magistrates' Court · 1940