City of Rochester v. Simpson
New York Supreme Court
Appeal from county court, Monroe county. Action by the city of Rochester against Benjamin Simpson, in the municipal court. The judgment was for the defendant, which was affirmed by the county court. Plaintiff appealed.
1Opinion of the CourtDwight, P. J.
The action was to recover a penalty imposed by an ordinance of the city of Rochester, passed October 25, 1887, in the following terms: “Sec. 4. Every owner, occupant, or lessee of any stone-quarry, or premises heretofore used for quarrying stone therefrom, within the city of Rochester, shall cause the same to be filled with earth, even with the surface of the ground, before any excavations are made, or shall cause the water therein to be drained therefrom, and said quarries or excavations kept dry, and the water prevented from accumulating or standing therein, under a penalty of fifty dollars…
2Cases cited2 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Babcock v. . City of BuffaloNew York Court of Appeals · 1874
3Cited by2 opinions
- Board of Health v. . CopcuttNew York Court of Appeals · 1893
- Health Department v. RectorNew York Court of Common Pleas · 1892