Horton v. Mayor of Nashville
Tennessee Supreme Court
FROM- DAVIDSON. Appeal from the Chancery Court oat Nashville J. M. Quarles, Sp; Ch. Summary of brief of W. H. HUMPHREYS, for complainants: The bill charges the flooding of cellars and the contamination of the atmosphere, from time to time, of houses and street, by the bursting and leaking of a sewer constructed by the city authorities. This is an iudictable nuisance, whether committed by individuals, private or municipal corporations, by Code and by common law.
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FROM- DAVIDSON. Appeal from the Chancery Court oat Nashville J. M. Quarles, Sp; Ch. Summary of brief of W. H. HUMPHREYS, for complainants: The bill charges the flooding of cellars and the contamination of the atmosphere, from time to time, of houses and street, by the bursting and leaking of a sewer constructed by the city authorities. This is an iudictable nuisance, whether committed by individuals, private or municipal corporations, by Code and by common law. Code, secs. 4884, 4918, 4915, “ deposit of filth, oflal and noisome substances.” Bishop title Nuisance; People v. Albany. 11 Wend.,…
1Opinion of the CourtCooper, J.
The Chancellor overruled a demurrer to the bill, and the defendant appealed.
It appears from the bill as amended, and as it comes before us, that complainant, Anna E. Horton, wife of J. W. Horton, became, on February 20, 1875, the owner for life, with remainder to her two children, by deed of gift from her father, of an improved lot on Broad street, in Nashville, fronting twenty-three feet eight inches on Broad street, and running back one hundred feet. In the year 1872, the corporate authorities of the city constructed a sewer across Broad street, and under the house erected on said lot, and…
2Cases cited5 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
3Cited by1 opinion
- Chandler Investment Co. v. Whitehaven Utility DistrictCourt of Appeals of Tennessee · 1957