Gould v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1886, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Beported below, 39 Hun, 79.) This action was brought by plaintiffs as the Board of Health of the town of Brighton to restrain the defendant from discharging sewage upon and over lands of said town and to have such discharge adjudged to be a nuisance. The material facts are stated in the opinion. The action was properly brought…
1Opinion of the CourtAndrews, J.
The city of Rochester adjoins on the east the town of Brighton. [It constructed sewers which discharged into ditches near the boundary between the city and town, which carried the sewage upon and over lands in Brighton, and ultimately into Thomas creek, a small stream running through the town and having its outlet at Irondequoit bayT( The ditches were constructed by the city under a general legislative authority to acquire land outside of the city limits, and open ditches thereon to carry off the drainage of the city. It is found that the discharge of the sewage through the ditches and into…
2Cases cited2 opinions
- People ex rel. Board of Health v. Board of SupervisorsNew York Supreme Court · 1854
- Reed v. PeopleNew York Supreme Court · 1854
3Cited by10 opinions
- Carmichael v. City of TexarkanaU.S. Circuit Court for the District of Western Arkansas · 1899
- Ordway v. Village of CanisteoNew York Supreme Court · 1893
- Board of Health v. MagillAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. SilvertonOregon Supreme Court · 1914
- Deyo v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1910
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