Carroll v. Connor
New York Supreme Court
Suit by John Carroll for an injunction to restrain Edward J. Con-nor and others from maintaining a connection with and using plaintiff’s sewer. Judgment for plaintiff.
1Opinion of the CourtGaynor, J.
The town board of health of the town of Mamaroneck required the plaintiff to drain his lot, and to do so he laid a sewer along the abutting street with the permission of the street authorities. It ran by the house and lot of the defendants, which are on the same street, and to a public sewer which it connected with.
The defendants have laid a drain from their house and connected it with the plaintiff’s said sewer. I think they have no right to do this. The street is subject to all urban uses, whether the fee be in the abutting owners or not, and the locality is a thickly settled village,…
2Cited by2 opinions
- Grafnitz v. HowellCourt of Appeals of Texas · 1924
- Grafnitz v. HowellCourt of Appeals of Texas · 1924