Legal Opinion
Knauth v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1926PublishedCited by 5 opinions
1Opinion of the CourtKapper, J.
The judgment appealed from restrains and enjoins the defendant “ from drawing water from the Pascack Brook at any point where its right of way crosses or borders the lands of the plaintiff.” Plaintiff’s property is located near the village of Spring Valley, Rockland county. It is an irregular and comparatively extensive piece of land. Through it runs or flows, practically in a southerly direction, Pascack brook, which was found by the learned trial court to have “ flowed from time immemorial,” through the premises now owned by plaintiff, and which brook “ is a natural waterway flowing in…
2Cases cited4 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Prentice v. . GeigerNew York Court of Appeals · 1878
- Garwood v. N. Y. Central & Hudson R. R. R. Co.New York Court of Appeals · 1881
- Anderson v. BassmanU.S. Circuit Court for the District of Northern California · 1905
3Cited by5 opinions
- Hackensack Water Company v. Village of NyackDistrict Court, S.D. New York · 1968
- Town of Vienna v. StateNew York Court of Claims · 1953
- Hackensack Water Co. v. Village of NyackDistrict Court, S.D. New York · 1970
- Hartzell v. Village of HamburgNew York Supreme Court · 1935
- Jones v. Breyer Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1956