Village of Carthage v. Colligan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward W. Colligan, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 22d day of April, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of April, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
This action was brought by the plaintiff Village of Carthage to- recover of the defendant, a resident of said village, the sum of fifty dollars penalty, which it is claimed defendant incurred through a violation of an order which plaintiff claims was duly *794made by plaintiff’s local board of health forbidding defendant from emptying á cesspool upon his premises in said village, thereby creating a public nuisance and endangering the public health. The plaintiff is a municipal corporation, duly organized, and it would appear that its local board of health was a duly constituted…
2Cases cited4 opinions
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- Strong v. StebbinsNew York Supreme Court · 1825
- McNall v. KalesNew York Supreme Court · 1891
3Cited by2 opinions
- Union County Board of Chosen Freeholders v. Union County Park CommissionNew Jersey Superior Court Appellate Division · 1962
- Moose v. Town Board of HealthNew York Supreme Court · 1921