State Trust Co. of New York v. City of Duluth

(orally). I am inclined to think that the plaintiff cannot recover. The ordinance constitutes a contract between the parties, and requires that the water company shall sluice the gutters without charge. The purpose is to cleanse the gutters, and gather and discharge therefrom whatever offensive matter may be deposited on the streets, or come through drains from the adjoining houses, stores, and establishments, which would make the gutters, unless washed out and cleansed, dangerous to the public health and offensive to sight and smell. It is not simply the rainfall running in the gutters in a…