Warren v. Parkhurst
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendants, Edward S. Parkhurst and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 14th day of January, 1905, upon the decision of the court, rendered after a trial at the Montgomery Special Term, overruling the defendants’ demurrer to the plaintiff’s complaint.
1Opinion of the Court
Houghton, J.:
The plaintiff is the owner of a tract of land abutting upon, an artificial canal existing for many years, through which runs a large portion of the waters of Cayadutta creek flowing through the cities of Gloversville and Johnstown, upon the banks of which are many factories, coloring and tanning mills, which deposit their refuse by sewers into the waters of the creek.
This court has decided that this plaintiff stands in the same position that he would if his lands adjoined the creek itself (Warren v. City of Gloverville, 81 App. Div. 291), and in this decision his rights are…
2Cases cited7 opinions
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Hillman v. NewingtonCalifornia Supreme Court · 1880
- Keyes v. Little York Gold Washing & Water Co.California Supreme Court · 1879
- Woodruff v. North Bloomfield Gravel Mining Co.United States Circuit Court · 1883
- Bradley v. . BradleyNew York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
- Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
3 more not listed; retrieve them via the Exa API.