Barton v. City of Syracuse
New York Supreme Court
THE plaintiff "brought his action to recover damages to property stored in his cellar, caused by the flow of water thrown from the common sewer of the city, through the drain of the plaintiff.
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THE plaintiff "brought his action to recover damages to property stored in his cellar, caused by the flow of water thrown from the common sewer of the city, through the drain of the plaintiff. The store and premises of the plaintiff were on the south side of Genesee street, and in 1851 the common council of the city of Syracuse caused a sewer to he con structed through that street, on the south side thereof, con necting with sewers passing through other streets and emptying into Onondaga creek. The property benefited by the sewer, including the plaintiff’s lot and premises, were assessed for…
1Opinion of the CourtAllen, J.
By § 97, title 4 of the charter of the defendant, it is made the duty of the mayor and common council, and they have the power, to lay out,.make, open, regulate, repair and improve highways, streets, lanes, alleys, sewers, *295gutters, &c., and alter,' widen, straighten and discontinue the same when they shall deem proper, subject to the provisions of law and the charter. It is discretionary with the common, council whether they will undertake any of the improvements referred to, and no action will lie against the city for a refusal or omission of the common council to construct a sewer. (Wilson…
2Cases cited6 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Pennington v. TownsendNew York Supreme Court · 1831
- Hallett v. NovionNew York Supreme Court · 1817
- Kelsey v. KingNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
15 more not listed; retrieve them via the Exa API.