Hentz v. City of Mt. Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by J. Henry Hentz against the city of Mt. Vernon. From a judgment in favor of plaintiff on a referee’s report, defendant appeals. Affirmed.
1Opinion of the CourtWoodward, J.
The owner of certain premises located in the city of New York immediately adjacent to the city of Mt. Vernon brings this action against the city of Mt. Vernon for damages alleged to have been sustained by the plaintiff by reason of the creation or maintenance by the latter of a nuisance, whereby plaintiff was specially damaged. The parties to the action have stipulated that the system of drainage constructed and maintained by the city of Mt. Vernon, complained of in the complaint, was, is, and is intended to' be a permanent structure, and the defendant intends to maintain the same permanently…
2Cases cited8 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Huffmire v. . City of BrooklynNew York Court of Appeals · 1900
- Anchor Brewing Co. v. Village of Dobbs FerryNew York Supreme Court · 1895
- Carll v. Village of NorthportAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922