Legal Opinion

Lefrois v. . County of Monroe

New York Court of Appeals

Decided May 1, 1900PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 1, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 1, 1898, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant is not liable for the torts of its public officers while in the performance of duties connected with its public institutions, on the ground that the services performed in and about them are for the public good; in obedience to law, in which the defendant has no…

1Opinion of the CourtCullen, J.

The action is brought to restrain the continuance of a nuisance and for damages. The complaint alleged ownership and occupation by the plaintiff of a tract of land in the town of Brighton, county of Monroe ; that the defendant owned a tract of land near plaintiff’s premises on which it maintained the county penitentiary and the county almshouse, and until the sale of a portion of the premises to the state, an insane asylum ; that the defendant owned and possessed another tract of land or farm across the road from that first mentioned ; that a stream ran along said lands, and also along those…

2Cases cited8 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Maxmilian v. . MayorNew York Court of Appeals · 1875
  3. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  4. Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
  5. Ham v. Mayor of New YorkNew York Court of Appeals · 1877

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Canavan v. . City of MechanicvilleNew York Court of Appeals · 1920
  3. Wilcox v. . City of RochesterNew York Court of Appeals · 1907
  4. Granite Oil Securities, Inc. v. Douglas CountyNevada Supreme Court · 1950
  5. County of Cayuga v. McHughNew York Court of Appeals · 1958

17 more not listed; retrieve them via the Exa API.

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