A LONG FIGHT ENDED.
THE Appellate division of the Supreme court, second department, has affirmed the judgment in the action entitled Walter R. Smith against the city of Brooklyn, which has been in the courts for the last three or four years. Smith had a pond at Freeport, about half a mile north of the aqueduct line, In 1894 the pond dried up, and dried up again in 1895, remaining dry during the following winter. The same thing happen in 1896 and the following winter. As Smith used the pond for harvesting ice, and other purposes, he brought suit against the city for damages At the first trial Judge Garrctson nonsuited him, on which he appealed, and the judgment was reversed by the Appellate court, which granted the plaintiff a new trial. I’he case was tried before Justice Wiimot F. Smith, and the jury gave a verdict of $1,800. From this the city appealed, and the Appellate division has decided in favor of the plaintiff, affirming the judgment with costs. I’he court was unanimous. This case is regarded as a test case, and several others are to follow. On the trial,the city claimed that, as it owned the land on which its aqueduct and pumping works were constructed, no neighboring owner had any right for damagesfrom the taking of water, under the old and well-settled rule that an owner can pump water from his own land. The court, however, distinguishes the rule and asserts in this case that an owner can pump water on his own land only, for hisown use on the land, and cannot conduct the water away for mercantile purposes. I’he pond in question was about half a mile from the city’s pumping station, and in the vicinity of the wells of the Contractors Monahan, Edwards Monahan, who contracted in September, 1894. to furnish in 150 days 25,000,000 gallons of water daily, and who at the end of about two years asked the city to release them (and they were released) from their contract, as they were unable, under the most favorable circumstances, to furnish more than about 14,000,000 gallons daily. It is evident from this decision that Brooklyn must look to other sources for its future water supply for that borough, which contains a population of more than one million two hundred thousand souls—a population which is rapidly increasing.