Sammons v. . City of Gloversville
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. 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 third judicial department, entered January 7, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing to hold that the plaintiff cannot recover any damages in this action because of his omission to present such a claim for damages in writing to the common council at least three months before commencing the action. (L. 1899, ch. 275, § 56;…
1Opinion of the CourtGray, J.
The plaintiff commenced this action against the city of Gloversville to restrain it from continuing to empty the contents of its sewers and drains into the Cayadutta creek and to recover damages sustained thereby, in the injurious results to his farm and farm properties and uses. The farm of the plaintiff is situated upon the creek, at some distance below the city. The city was incorporated in 1890 and has a present population of over 18,000 persons. It had, as an incorporated village, discharged its sewers into the creek in the same way and, upon becoming a city, it largely increased its…
2Cited by77 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Barker v. City of Santa FeNew Mexico Supreme Court · 1943
- Picciano v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 2001
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
- Jacobs v. City of SeattleWashington Supreme Court · 1916
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