Penrhyn Slate Co. v. Granville Electric Light & Power Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 8, 1903, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 8, 1903, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. This action was brought by the plaintiffs as riparian owners to obtain an injunction restraining the defendant, the Gran-ville Electric Light and Power Company, from continuing to pump from the Mettowee river a supply of water for the village of Granville under a contract whereby said company agreed to supply that village…
1Opinion of the CourtBartlett, J.
It is well settled “ that the owner of land is entitled to the use of a stream of water which has been accustomed from time immemorial to flow through it, and the law. gives him ample remedy for the violation of this right. To divert or obstruct a watercourse is a private nuisance, and the books are full of cases and decisions asserting the right and affording the remedy.” (Gardners v. Village of Newburgh, 2 Johns. Ch. 162 and cases cited. See, also, United States v. Great Falls Mfg. Co., 112 U. S. 645; Standen v. New Rochelle Water Co., 91 Hun, 272; Gallagher v. Kingston Water Co., 25 App.…
2Cases cited19 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- New York City v. PineSupreme Court of the United States · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Sheffield Car Co. v. Constantine Hydraulic Co.Michigan Supreme Court · 1912
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Knoth v. Manhattan Railway Co.New York Court of Appeals · 1907
- Quaker Oil & Gas Co. v. Jane Oil & Gas Co.Supreme Court of Oklahoma · 1917
7 more not listed; retrieve them via the Exa API.