Legal Opinion

Bolton v. Village of New Rochelle

New York Supreme Court

Decided February 11, 1895PublishedCited by 8 opinions

Appeal from special term. Action by Anne Jay Bolton against the village of New Rochelle to enjoin a nuisance, and for damages. There was a judgment in favor of plaintiff, and defendant appeals.

1Opinion of the CourtDykman, J.

The plaintiff is the owner of a house and lot in the village of New Rochelle, bordering on Long Island Sound. About 50 feet from the southerly side of her lot a village sewer has its outlet between high and low water. The sewage flowing from this *443sewer was deposited upon the flats in front of plaintiff’s property, and the odors arising therefrom were so offensive that the plaintiff’s house, in the year 1892, became uninhabitable. This action was brought by the plaintiff to recover damages resulting from the nuisance, and to obtain an injunction restraining its continuance.

Municipal…

2Cases cited7 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  3. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  4. Noonan v. . City of AlbanyNew York Court of Appeals · 1880
  5. Pettengill v. . City of YonkersNew York Court of Appeals · 1889

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3Cited by8 opinions

  1. Scott v. . Village of Saratoga SpringsNew York Court of Appeals · 1910
  2. Squaw Island Freight Terminal Co. v. City of BuffaloNew York Court of Appeals · 1937
  3. Moody v. Village of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1897
  4. Seaman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
  5. Seeley v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1900

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