Mills v. . City of Brooklyn
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The complaint sets forth that the plaintiffs were the owners of a lot, with a brick dwelling house thereon, situated at the northwest corner of Franklin and Putnam avenues, in the city of Brooklyn; that the defendant, the city corporation, had, by law, the care of the streets and avenues and the control of the widening, sewerage and draining of said streets and avenues; and it proceeds thus: “ that the defendant, &c., negligently…
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Appeal from a judgment of the Supreme Court. The complaint sets forth that the plaintiffs were the owners of a lot, with a brick dwelling house thereon, situated at the northwest corner of Franklin and Putnam avenues, in the city of Brooklyn; that the defendant, the city corporation, had, by law, the care of the streets and avenues and the control of the widening, sewerage and draining of said streets and avenues; and it proceeds thus: “ that the defendant, &c., negligently and unskillfully built, provided and established sewers at the corner of Franklin and Putnam avenues; that said sewers…
1Opinion of the Court
Denio, Ch. J.
Prior to the more recent legislation on the subject of sewerage in Brooklyn, the common council of that city were clothed with'the usual power to cause streets and avenues to be opened and widened, regulated, graded and repaired, and to cause sewers and drains, wells and pumps to be constructed and repaired; and the expense of such improvements was to be assessed on the property benefited. (Laws of 1854, ch. 384, p. 860, § 1.) A change was made in 1857, by which the whole subject of sewerage and drainage was committed to the board of water commissioners, who were constituted…
2Cases cited5 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Barton v. City of SyracuseNew York Supreme Court · 1861
- Lacour v. MayorThe Superior Court of New York City · 1854
- Cole v. Trustees of MedinaNew York Supreme Court · 1858
3Cited by117 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Tango v. TulevechNew York Court of Appeals · 1983
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
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