Stoddard v. Village of Saratoga Springs
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 16, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 16, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The purpose of the action was to perpetually enjoin the defendant from casting the sewage from what was known as the Harrison street sewer on the premises of the plaintiffs; and to recover damages for the injury alleged to have resulted to them from such cause. The referee found that in 1876, the defendant, through its board of trustees, constructed a public sewer in…
1Opinion of the CourtBradley, J.
The leading proposition urged on the part of the defendant is that the sewer in question is not a public one, and that the defendant is neither chargeable with its construction nor liable for its consequences.
The defendant has for many years been a municipal corporation. And by reference to L. 1874, ch. 271, it will be seen that upon the granting by the board of trustees of a petition, etc., made in conformity with the provisions of the act, it is made its duty to cause the sewer asked for to be constructed, and after taking the requisite preliminary proceedings, to award the contract for the…
2Cases cited5 opinions
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Lee v. . the Village of Sandy HillNew York Court of Appeals · 1869
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
- Searing v. . Village of Saratoga SpringsNew York Court of Appeals · 1888
3Cited by23 opinions
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- Landau v. . City of New YorkNew York Court of Appeals · 1904
- Jensen v. JuulSouth Dakota Supreme Court · 1938
- Bator v. Ford Motor Co.Michigan Supreme Court · 1934
- Farkas v. Middlesex Board of FreeholdersNew Jersey Superior Court Appellate Division · 1958
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