Lamay v. City of Fulton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Fulton, from ah interlocutory judgment of 'the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 19th day of June, 1905, pursuant to an order entered in said clerk’s office on the 19th day Of June, 1905, overruling the defendant’s demurrer to the complaint, and also (as stated in the notice of appeal) from the said order pursuant to which the judgment appealed from was entered.
1Opinion of the Court
Spring, J.:
This action is in equity to abate a nuisance. The claim of the plaintiff is that the defendant, in changing the grade of its streets “ negligently and improperly ” filled up ,the natural channels and the ditches, diverting the water from its usual course, and as a result thereof the accumulating water, whenever there were heavy rains, was discharged on the premises of the plaintiff accompanied with “ mud, filth, rubbish,” etc.
The ground of the demurrer to the complaint was that it failed , to state a cause of action. The particular objection Urged was the failure to allege a…
2Cases cited2 opinions
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Ahrens v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- El Paso Union Passenger Depot Co. v. LookCourt of Appeals of Texas · 1918
- Hughes v. Village of NashwaukSupreme Court of Minnesota · 1929
- Squaw Island Freight & Terminal Co. v. City of BuffaloNew York Supreme Court · 1928
- Murcott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Alotto v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1939