Hentz v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Mount Vernon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of March, 1902, upon the report of a referee.
1Opinion of the Court
Woodward, J.:
The owner of certain premises located in the city of New York, immediately adjacent to the city of Mount Vernon, brings this action against the city of Mount Vernon for damages alleged to have been sustained by the plaintiff by reason of the creation or maintenance by the latter of a nuisance, whereby plaintiff was specially damaged. The parties to the -action have stipulated that the system of drainage constructed and maintained by the city of Mount Vernon, complained of in the complaint, was, is and is intended to be a permanent structure and the defendant intends to maintain…
2Cases cited8 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Huffmire v. . City of BrooklynNew York Court of Appeals · 1900
- Anchor Brewing Co. v. Village of Dobbs FerryNew York Supreme Court · 1895
- Carll v. Village of NorthportAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by5 opinions
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
- Penfield v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Cooper v. New York, Lackawanna & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- People v. WillisNew York City Magistrates' Court · 1940
- Abkarian v. County of NiagaraNew York Supreme Court · 1936