Seifert v. City of Brooklyn
New York City Court
Appeal from an order dismissing complaint at the close of the evidence, on the ground that no cause of action had been shown. Frank Seifert brought this action against the city of Brooklyn for injuries to his premises by reason of the overflow of a sewer thereupon. The complaint, after alleging defendant’s incorporation, and plaintiff’s ownership of the premises, proceeded : “ III.
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Appeal from an order dismissing complaint at the close of the evidence, on the ground that no cause of action had been shown. Frank Seifert brought this action against the city of Brooklyn for injuries to his premises by reason of the overflow of a sewer thereupon. The complaint, after alleging defendant’s incorporation, and plaintiff’s ownership of the premises, proceeded : “ III. That the defendant, the city of Brooklyn, acting through certain of its officers and agents, heretofore and about the year 1867 to 1869, caused a certain sewer, or drain, commonly known as the sub-sewers, district…
1Opinion of the CourtClement, J.
The appellant is the owner of a house and lot on Throop avenue between Walton and Wallabout streets in the city of Brooklyn and uses a portion of the premises as a bakery. The Kent avenue sewer, so called, is located in Wallabout street and is the main sewer of a tract of several hundred acres. There are many lateral sewers emptying into the main sewer, which was originally of sufficient size to carry off the water flowing into it, but by reason of the rapid growth of the city is now inadequate, in case of heavy rain storms, to carry off all the water and as a result becomes choked up and a…
2Cases cited21 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
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3Cited by2 opinions
- Fisher v. RankinNew York Supreme Court · 1889
- Graves v. City of OleanAppellate Division of the Supreme Court of the State of New York · 1901