Legal Opinion

Health Department v. Rector

New York Court of Common Pleas

Decided February 1, 1892PublishedCited by 2 opinions

Exceptions from trial term. Action by the health department of the city of New York against the Bector, Church-Wardens, and Vestrymen of Trinity Church to recover a penalty for failing to supply the floors of a tenement-house with Croton water. Verdict was directed for plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the first instance at the general term.

1Opinion of the CourtPryor, J.

The ease is before us upon a motion by defendant for a new trial on exceptions directed to be heard at general term. The action is to recover a penalty claimed to be incurred by breach of a duty alleged to be imposed by sections 663, 665, and 660 of the consolidation act.1 Section 663 prescribes that every tenement-house erected or “converted” after May 14, 1867, “ shall have Croton or other water furnished at one or more places on each floor occupied or intended to be occupied by one or more families; and all tenement-houses shall be provided with a like supply of water by the owners thereof…

2Cases cited15 opinions

  1. Barbier v. ConnollySupreme Court of the United States · 1884
  2. Stuart v. . PalmerNew York Court of Appeals · 1878
  3. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  4. Matter of Application of JacobsNew York Court of Appeals · 1885
  5. Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890

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3Cited by2 opinions

  1. Bronx Chamber of Commerce, Inc. v. FullenNew York Supreme Court · 1940
  2. Fire Department v. GilmourNew York Court of Common Pleas · 1893

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