Barton v. . the City of Syracuse
New York Court of Appeals
A municipal corporation is liable for damages sustained by a Plaintiff caused by obstruction occasioned to the flow of wafer in the public sewer, by reason of which the Plaintiff’s premises became flooded by water thrown back through his, Plaintiff’s, drain.
1Opinion of the CourtBookes, J.
This is an action in a case for negligence, in which the Defendant is charged with culpability in omitting to keep a sewer in proper repair, and in suffering it to become filled with dirt and rubbish, by reason of which the flow of the water was impeded, causing it to set hack through the Plaintiff’s drain into his cellar, to the injury of his property.
The referee, to whom the case was referred to hear and determine, directed judgment for the Plaintiff, which judgment was affirmed at General Term.
By the city charter the mayor and common council were authorized and directed to construct sewers…
2Cases cited8 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Griffith v. WellsNew York Supreme Court · 1846
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
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3Cited by73 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Irvine v. . WoodNew York Court of Appeals · 1872
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
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