Eckhardt v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal Tby the plaintiff, Margaretha Eckhardt,- from" a judgment ' of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 15th'day of January, 1891, Upon the decision-of the court rendered after a trial at the Erie Special Term dismissing her complaint upon the -merits. This action was brought to set aside an assessment-for $303.15" upon plaintiff’s land, situate in the city" of Buffalo.
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Appeal Tby the plaintiff, Margaretha Eckhardt,- from" a judgment ' of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 15th'day of January, 1891, Upon the decision-of the court rendered after a trial at the Erie Special Term dismissing her complaint upon the -merits. This action was brought to set aside an assessment-for $303.15" upon plaintiff’s land, situate in the city" of Buffalo. The.assessment was made to pay for the expense incurred in abating an alleged nuisance consisting of an open vault or privy on the plaintiff’s…
1Opinion of the Court
Green, J.:
By section 237 of the city charter it is provided: “ The commissioner shall have full power to enforce and carry out all ordinances, rules and regulations for the preservation of the public health, * * * and in case any business or practice is dangerous or detrimental to the public health, to prohibit the same, and to declare unwholesome grounds, yards, cellars, buildings and other places, stagnant or unwholesome waters, filth and unwholesome matter injurious to health, to be nuisances, and, upon so declaring, the commissioner shall have power to abate the same in such manner as he…
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- Matter of Application of JacobsNew York Court of Appeals · 1885
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- State v. MottCourt of Appeals of Maryland · 1884
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