St. Mary of the Angels Church v. Barrows

Pound, J„

Plaintiff seeks to restrain defendants, the board of water commissioners, from laying a water pipe in First street in the “subway” alongside of its rectory premises in the city of Olean. First street is paved with brick. Between the curb and the sidewalk is a space styled the “ subway,” in which plaintiff and others along the street have shade trees growing. The water pipe in First street, which is an extension of the present system, is planned to *546be placed in this “ subway.” Plaintiff alleges that its shade trees will be destroyed by the excavations to be made within four feet of…