Legal Opinion
Sammons v. City of Gloversville
New York Supreme Court
Decided April 15, 1901PublishedCited by 11 opinions
Motion for an injunction.
1Opinion of the CourtHoughton, J.
The court has found from the evidence that the sewage from the city, defendant, is a substantial injury to the property rights of the plaintiff. While the damages allowed for that part of the injury which the defendant has contributed are not large, yet they are substantial. The defendant by the discharge of its sewage upon the plaintiff’s property continues the injury from day to day.
The discharge of sewage upon the private property of an individual is the invasion of a private right and the talcing of private property within the meaning of the Constitution. Huffmire v. City of Brooklyn, 162…
2Cases cited13 opinions
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Huffmire v. . City of BrooklynNew York Court of Appeals · 1900
- Grey v. Ohio & Pennsylvania R. R.Supreme Court of Pennsylvania · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Warren v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1903
- Hadcock v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1904
- Penrhyn Slate Co. v. Granville Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Sammons v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1903
- Western New York Water Co. v. City of Niagara FallsNew York Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.