New York Court of Appeals

Owen D. Phelps, Appellant v. George H. Nowlen, Respondent

January 15, 187872 N.Y. 39

Summary

The Court affirmed the lower court's judgment for the defendant, holding that a landowner is not liable for a lawful act on his own land even if done with malicious motive, and that the diversion of subsurface water does not constitute a legal injury.