Seifert v. . City of Brooklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made July 14, 1884, which reversed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial and which granted a new trial. This action was brought to recover damages alleged to have been caused to plaintiff’s premises by defendant’s negligence in the construction of a sewer. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made July 14, 1884, which reversed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial and which granted a new trial. This action was brought to recover damages alleged to have been caused to plaintiff’s premises by defendant’s negligence in the construction of a sewer. The facts are sufficiently stated in the opinion. The perfecting and consummation of the sewage plan thus committed to a special commission was a matter of public concern, called for by the…
1Opinion of the Court
Huger, Ch. J.
The defendant in this case invokes the principle, exempting municipal corporations from liability for damages, occasioned through the exercise of judicial functions, by its officers, as a defense to the action. The cases on the subject are by no means harmonious and render it difficult to deduce from them any general rule, founded upon principle, which clearly marks the line of distinction, between liability and exemption therefrom. We have, however, been unable to find any case in this State going far enough to sustain the contention of the appellant.
Here certain officers of…
2Cases cited17 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- 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
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3Cited by112 opinions
- City of Chicago v. SebenIllinois Supreme Court · 1897
- Benner v. Atlantic Dredging Co.New York Court of Appeals · 1892
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Perrotti v. BennettSupreme Court of Connecticut · 1920
- O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
107 more not listed; retrieve them via the Exa API.