Fox v. City of New Rochelle
New York Court of Appeals
1Opinion of the CourtPound, J.
This action was commenced in equity by the plaintiffs “ to compel the city of New Rochelle to remove a certain ridge from plaintiffs’ property; to restore the ground to the same condition in which it found it; to reconstruct the drain on plaintiffs’ property so as to allow plaintiffs to use it as a sewer, and for such other and further relief as may be just.”
The findings of fact in substance are that. Patrick Fox, plaintiffs’ grantor, on January 17, 1893, conveyed. a right of way across his lands for sewer and drainage purposes; that the sewer provided for was constructed; that in 1921…
2Cases cited3 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Anchor Brewing Co. v. Village of Dobbs FerryNew York Supreme Court · 1895
- Smith v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by16 opinions
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Sisters of St. Joseph Corp. v. Atlas Sand, Gravel & Stone Co.Supreme Court of Connecticut · 1935
- Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
- Cashin v. City of New RochelleNew York Court of Appeals · 1931
- Musumeci v. StateAppellate Division of the Supreme Court of the State of New York · 1974
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