Costich v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Rochester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 24th day of January, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of August, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover damages to plaintiff’s real estate and crops thereon alleged to have been sustained on or about June 28, 1900, by the overflow thereof by waters discharged from one of defendant’s sewer systems into Densmore creek, above plaintiff’s premises, in the town of Irondequoit, Monroe county. It is claimed that said system and the discharge thereof into said creek was and is improperly constructed and arranged and defective.
The trial justice submitted the case to the jury as one of negligence and permitted said jury to award to plaintiff punitive or…
2Cases cited17 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
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3Cited by25 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- Samuel Tito Williams v. The City of New YorkCourt of Appeals for the Second Circuit · 1974
- Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
- Ranells v. City of ClevelandOhio Supreme Court · 1975
20 more not listed; retrieve them via the Exa API.