Murcott v. City of New York
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, Thomas Murcott and others, and by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 29th day of December, 1916, upon the decision of the court after a trial at the Kings County Special Term.
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Cross-appeals by the plaintiffs, Thomas Murcott and others, and by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 29th day of December, 1916, upon the decision of the court after a trial at the Kings County Special Term. Plaintiffs appeal from the judgment in so far as it limits their recovery to the sum of $2,000. The defendant appeals from such judgment in so far as it awards any damages whatever to the plaintiffs.
1Opinion of the Court
Thomas, J.:
In a suit to restrain the maintenance of a sewer system it appeared that it had been determined in an earlier action at law between the same parties that as regards the plaintiffs’ property, and to the substantial damage thereof, the system was illegally constructed or maintained. The status so established by judgment continuing authorized the plaintiffs to seek its abatement in a suit in equity, which would, indeed, have- been in the first instance a proper remedy. In such suit the damages caused by the overflow of the sewers at several times into plaintiffs’ property are…
2Cases cited2 opinions
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Lamay v. City of FultonAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Los Angeles Brick & Clay Products Co. v. City of Los AngelesCalifornia Court of Appeal · 1943
- Hughes v. Village of NashwaukSupreme Court of Minnesota · 1929
- Feuer v. BrenningNew York Supreme Court · 1951
- Squaw Island Freight & Terminal Co. v. City of BuffaloNew York Supreme Court · 1928