Board of Health of Town of Brighton v. City of Rochester
New York Supreme Court
Appeal from special term. Action for a nuisance by the board of health of the town of Brighton against the city of Rochester. The special term granted an injunction, and denied a motion for new trial, and defendant appeals.
1Opinion of the CourtDwight, J.
The action was to restrain the defendant from discharging, or permitting the discharge of, the contents of certain sewers upon or over any of the lands in the town of Brighton, or into any of the creeks, streams, or waters of that town. The judgment awarded a perpetual injunction restraining the defendant from discharging, or permitting the discharge of, such sewage into Thomas creek, in said town, or into any sewer, drain, ditch, or stream leading to or emptying into said Thomas creek. The action was brought in 1884 by the board of health of the town of Brighton, organized under the…
2Cases cited2 opinions
- Gould v. . City of RochesterNew York Court of Appeals · 1887
- Andrews v. . LongNew York Court of Appeals · 1880
3Cited by2 opinions
- Town of Wirt v. Board of Supr'sNew York Supreme Court · 1895
- Board of Health v. CeaseNew York Supreme Court · 1889