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STEBBINS v. ORANGEBURG MFG. CO., INC.

10 A.D.2d 859 (1960)

Ethel M. Stebbins, Respondent-Appellant, v. Orangeburg Manufacturing Co., Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1960

Judgment unanimously affirmed, without costs.

The evidence sustains the finding that the industrial wastes discharged by defendant cause the creek at plaintiff's property to be below the standard of purity required by the Water Pollution Control Board of the New York State Department of Health and cause the emission of a chemical odor constituting a nuisance. Under the circumstances, defendant's use of the waters of the creek is unreasonable. (Strobel v. Kerr Salt...

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