Hardy v. . the City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Oity Court of Brooklyn, entered upon an order made May 23,1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Oity Court of Brooklyn, entered upon an order made May 23,1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The mere omission to construct the sewer beyond Twenty-eighth street was an exercise of discretion on the part of the water board, who were authorized to build the sewer, and comes within the exemption always extended by the courts to cities from the consequences of acts or omissions of their officers not ministerial in their character.…
1Opinion of the CourtMiller, J.
This action was brought to recover damages incurred by the plaintiff in consequence of injuries sustained to his real estate in the city of Brooklyn by reason of the negligence of the defendant in the building of a sewer by means of which its contents were discharged so as to create a nuisance to the plaintiff’s premises, and the principal question which arises upon the appeal relates to the liability of the city as a corporate body for the illegal acts of its officers and agents in the construction of such sewer. While under ordinary circumstances a municipal corporation would be held liable…
2Cases cited2 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1879
- Fitzpatrick v. . SlocumNew York Court of Appeals · 1882
3Cited by8 opinions
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Bieling v. . City of BrooklynNew York Court of Appeals · 1890
- Williams v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1902
- Mayor of Wilmington v. EwingSupreme Court of Delaware · 1899
- Williams v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1904
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