Covert v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of May, 1895, upon the verdict of a jury rendered after a trial at the Queens County Circuit, and also from an order entered in said clerk’s office on the 28th day of May, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This is an action to recover damages for the diversion of water from a stream and mill pond owned by the plaintiff. The defendant constructed an aqueduct across the stream which supplied the water to the mill pond. It is not claimed that the course of the stream itself was diverted into the aqueduct, but it was contended that, by sinking the foundations for the aqueduct and the construction of a culvert, the water in the stream was drained off by percolation.
*74That such an injury is actionable seems settled by authority. (Van Wycklen v. City of Brooklyn, 118 N. Y. 427, and Covert v.…
2Cases cited1 opinion
- Moyer v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1885
3Cited by6 opinions
- Smith v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- Crocker v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Quigley v. H. W. Johns Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Covert v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- Flanigan v. StateNew York Court of Claims · 1920
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