Legal Opinion

Health Department v. Rector of Trinity Church

New York Court of Appeals

Decided February 26, 1895PublishedCited by 135 opinions

Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 4,1892, which sustained exceptions taken by defendant to a verdict in favor of plaintiff directed by the court and granted a new trial.

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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 4,1892, which sustained exceptions taken by defendant to a verdict in favor of plaintiff directed by the court and granted a new trial. The action was brought by the plaintiff, by virtue of several acts of the legislature giving it power in certain cases to commence an action in its own name, for the purpose of recovering the amount of $200, being the penalty for twenty days violation by the defendant of the act hereinafter mentioned, relative to the supply of water in several…

1Opinion of the CourtPeckham, J.

The recovery in this case is founded upon that portion of the Consolidation Act which requires that all houses of a certain description, upon the direction of the board of health, shall be provided with Croton or other water in sufficient quantity at one or more places on each floor, occupied, or intended to be occupied, by one or more families. The defendant, among other things, alleges as a defense that the order of the board of health directing the defendant to furnish the water as provided by the statute was made without notice to it, and that, as it could not be complied with excepting…

2Cases cited13 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Barbier v. ConnollySupreme Court of the United States · 1884
  3. Stuart v. . PalmerNew York Court of Appeals · 1878
  4. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  5. The People v. . MarxNew York Court of Appeals · 1885

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3Cited by135 opinions

  1. Lombardo v. City of DallasTexas Supreme Court · 1934
  2. Chicago, Burlington & Quincy Railroad v. Nebraska Ex Rel. OmahaSupreme Court of the United States · 1898
  3. People v. . HavnorNew York Court of Appeals · 1896
  4. Colon v. . LiskNew York Court of Appeals · 1897
  5. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907

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