CITIZENS’ WATER SUPPLY COMPANY.
The Supreme court has enjoined the Citizens Water Supply company, of which Cord Meyer is the head, which has a monopoly on water in Newtown and surrounding parts of the borough of Queens, New York, from obtaining any water from its new plant at Valley Stream, Nassau county, and from permitting any of its employes to enter the property where new artesian wells and pumps are situated. It appears that Salvatore Caporale, the plaintiff in the suit, owns property at Valley Stream, a farm being on one side of the road and a tract of three acres, with trees and shrubbery, on the other. He likewise owns riparian rights in a brook that flows through his property. This brook he has intended to deepen and stock with fish, and to keen the woodland intact and build a house on the farm, which a tenant has leased. Cord Meyer, however, has invaded the property, telling the tenant that the water compam had acquired it. He has made a clearing 30 ft. wide and 500 ft. long; has carried derricks, pile-drivers, machinery, tools and pipes for sinking two artesian wells, and dug ditches from the wells to the brook, which promptly obtained a large increase of its water supply. This drain of water, it is claimed, decreases the value of the farm by impairing the fertility of the land. The company, after getting its two wells into successful operation, is alleged to have given a contract to make a further elearing and to sink other wells. Pending the suit, the company can take no further action. The plaintiff, who declares he has suffered damages to the extent of $50,000, produces an affidavit that a large portion of the timber has been cut, and that boilers and engines were set to work where the trees had stood, the land, a city surveyor swearing, being Caporale’s. The case has been adjourned, so as to enable the defendants to determine by their own measurements if they have trespassed.