Legal Opinion

Birdsall v. . Clark

New York Court of Appeals

Decided March 19, 1878PublishedCited by 45 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 7 Hun, 351.) This was an action to restrain the defendants, the superintendent of streets of the city of Binghamton, and persons employed by him, from grading and repairing the sidewalk in front of certain premises owned by plaintiff in said city.

Read the full summary

Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 7 Hun, 351.) This was an action to restrain the defendants, the superintendent of streets of the city of Binghamton, and persons employed by him, from grading and repairing the sidewalk in front of certain premises owned by plaintiff in said city. The plaintiff was the owner of certain premises fronting on the north side of Court street, in the city of Binghampton. On the 29th of July, 1873, the common…

1Opinion of the Court

Church, Ch. J.

There is no question but that the common council had full power to ordain the grading and curbing of the sidewalk in front of the plaintiff’s premises, and that for any incidental or consequential injury the plaintiff had no remedy, upon the general principle that private interests are subordinate to the public good. By section 14 of title 8 of the charter of the city of Binghamton, the building and maintaining in good order of all sidewalks is to be done at the expense of the premises in front of which they are required, or of the owner thereof; and after providing that the…

2Cases cited1 opinion

  1. Thompson v. . SchermerhornNew York Court of Appeals · 1851

3Cited by45 opinions

  1. Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
  2. City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
  3. City of Jacksonville v. LedwithSupreme Court of Florida · 1890
  4. Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  5. Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911

40 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API