Seaman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Erastus W. Seaman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 31st day of August, 1915, upon a decision of the court after a trial at the Kings County Special Term.
1Opinion of the Court
Blackmar, J.:
The waters of Jamaica bay are polluted by the sewers maintained by the city and also from other sources. The water so polluted is carried by the tide into Indian creek and from there led by the plaintiff into the cellar of his building used for storing and washing oysters. Such pollution renders the premises unfit for such purposes and impairs its usable value to the extent of $500 a year. The damage also suffered from such cause amounts to $3,000. The sole question is whether defendant is liable for this damage.
The rules of law governing the pollution of streams do not apply.…
2Cases cited4 opinions
- Scranton v. WheelerSupreme Court of the United States · 1900
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Huffmire v. . City of BrooklynNew York Court of Appeals · 1900
- Bolton v. Village of New RochelleNew York Supreme Court · 1895
3Cited by6 opinions
- Darling v. City of Newport NewsSupreme Court of Virginia · 1918
- Parsons v. City of Sioux FallsSouth Dakota Supreme Court · 1937
- Squaw Island Freight Terminal Co. v. City of BuffaloNew York Court of Appeals · 1937
- Lovejoy v. City of NorwalkSupreme Court of Connecticut · 1930
- Darling v. City of Newport NewsSupreme Court of Virginia · 1918
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