Johnston v. District of Columbia
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. This was an action against the District of Columbia by a citizen and taxpayer in Washington to recover damages caused to his house and land fronting on Missouri Avenue, in the summer of 1877, by the overflow of foul water from a sewer in that avenue, which the declaration alleged that the defendant knowingly constructed and continued upon an unreasonable and defective plan, and of inadequate capacity for its purpose,…
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ERROR TO THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. This was an action against the District of Columbia by a citizen and taxpayer in Washington to recover damages caused to his house and land fronting on Missouri Avenue, in the summer of 1877, by the overflow of foul water from a sewer in that avenue, which the declaration alleged that the defendant knowingly constructed and continued upon an unreasonable and defective plan, and of inadequate capacity for its purpose, and wrongfully permitted to become choked up. The defendant denied its liability. The plaintiff’s bill of exceptions…
1Opinion of the CourtJustice Gray
The duties of the municipal authorities, in adopting a general plan of drainage, and determining when and where sewers shall be built, of what size and at what level, are of a quasi judicial nature, involving the exercise of deliberate judgment and large discretion, and depending upon considerations affecting the public health and general convenience throughout an extensive territory; and the exercise of such judgment and discretion, in the selection and adoption of the general plan or-system of drainage, is not subject to revision by a court or jury in a private action for not sufficiently…
2Cases cited4 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Weightman v. Corporation of WashingtonSupreme Court of the United States · 1862
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
3Cited by95 opinions
- City of Tyler v. LikesTexas Supreme Court · 1998
- L. Patrick Gray, III v. Griffin BellCourt of Appeals for the D.C. Circuit · 1983
- Eastern Air Lines, Inc. v. Union Trust Company, United States of America v. Union Trust CompanyCourt of Appeals for the D.C. Circuit · 1955
- Somerset Seafood Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1951
- Rieser v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1977
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