New York Court of Appeals

County of Erie, Appellant and Respondent v. Sol L. Fridenberg, Respondents and Appellants, Impleaded With Others

October 23, 1917221 N.Y. 389

Summary

The Court held that compensation for the loss of water from a well adjacent to condemned land must be included in just compensation, and that a non‑resident landowner may be awarded costs in a condemnation proceeding when such costs are essential to secure just compensation. The order was modified to remand for a determination of costs and affirmed with costs awarded to the defendants.