New York Court of Appeals

Arthur H. McCann, Appellants v. Chasm Power Company, Respondent

May 12, 1914211 N.Y. 301

Summary

The New York Court of Appeals affirmed the Appellate Division’s denial of a permanent injunction against the defendant’s dam, holding that the plaintiffs’ technical riparian right did not merit equitable relief because an injunction would cause great public and private hardship. The court also held that the plaintiffs were estopped from relief having purchased the land with full knowledge of the flooding and being stockholders in the defendant.