McDonald v. City of New York

L. HAND, Circuit Judge.

At the foot of Lineóla avenue on the east side of the Harlem River, in the borough of the Bronx, the city of New York maintains an ash dump. To the north and south, extending to the water front, are railroad yards, and the neighborhood on both sides of the river is given over to industry or transportation, and, so far as the evidence shows, is substantially without residences. The ashes and similar waste are carried away from the streets in dump carts, which hack to. the dumping log of an open pier some 22 feet above mean low water. Here the backboards of the carts are…