Whalen v. Union Bag & Paper Co.
New York Court of Appeals
101 N.E. 805 (1913)
- Written by Eric Miller, JD
Facts
Whalen (plaintiff) owned farmland a few miles from a mill operated by Union Bag & Paper Co. (Union) (defendant), with both situated next to the same stream. As part of Union’s operations, it regularly discharged substances including sulfur and sulfurous acid into the stream, which greatly diminished the quality of the water. Whalen, who had riparian rights, brought an action to enjoin Union from discharging pollutants into the stream. The trial court granted the injunction, plus damages. The appellate division reversed after reasoning that an injunction would be overly injurious to the economic well-being of the mill, which employed hundreds of people. Whalen appealed. The New York Court of Appeals granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Werner, J.)
What to do next…
Here's why 899,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
