O'Donnell v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of' Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 7th day of May, 1904, upon the report of a referee.
1Opinion of the Court
Spring, J.:
Onondaga creek has its source among the hills in the southerly part of Onondaga county, Hows in a northerly direction, passing through the heart of the city of Syracuse and empties into Onondaga lake. For more than fifty years this creek has been the outlet of the sewer system of the city. The .plaintiff’s premises are on the southerly side of Talhnan street in that city and about 260 feet east of the line of the creek. On the 15th day of December, 1901, in an unusual freshet, the creek overflowed its banks*, and the water, sewage and filth overran the premises of the plaintiff,…
2Cases cited13 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Irvine v. . WoodNew York Court of Appeals · 1872
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Michaels v. New York Central RailroadNew York Court of Appeals · 1864
- Merritt v. . EarleNew York Court of Appeals · 1864
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