Munn v. City of Hudson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Hudson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 27th day of December, 1899, upon the report of a referee. The defendant is a municipal corporation, and power to construct sewers is specifically included among the powers granted to it by special charter.
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Appeal by the defendant, The City of Hudson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 27th day of December, 1899, upon the report of a referee. The defendant is a municipal corporation, and power to construct sewers is specifically included among the powers granted to it by special charter. In the latter part of the year 1887 the common council of defendant directed that a double - tile sewer be built in State street in said city to connect with a stone sewer in Front street and to extend to and connect…
1Opinion of the Court
Chase, J.:
A municipality in determining whether it will build a sewer, its; location and general plan, acts judicially and is not ordinarily liable in a civil action for its decision in any matter connected therewith. Such action is governmental and public and not ministerial' and private. After a municipality has decided to build and maintain a, sewer then the act of building and maintaining the same is ministerial and not judicial or governmental. These principles seem to be; so fully settled in this State that a discussion of the reasons therefor is unnecessary. (Lloyd v. Mayor, 5 N. Y.,…
2Cases cited12 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Lloyd v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Kavanagh v. . BarberNew York Court of Appeals · 1892
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3Cited by2 opinions
- Bennett v. CupinsNew York Supreme Court · 1928
- Van Gorder v. Village of Seneca FallsNew York Supreme Court · 1907