Masterton v. . Village of Mount Vernon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff by being thrown from his wagon in one of the streets of the village of Mount Vernon called Fourth avenue.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff by being thrown from his wagon in one of the streets of the village of Mount Vernon called Fourth avenue. The accident was occasioned by the wagon sinking into a ditch or excavation made by the owners of lots upon said street, with the consent of defendant’s trustees, for the purpose of connecting their lots with a sewer in the street, and which…
1Opinion of the CourtGrover, J.
The defendant, under its charter, had power to construct sewers in the streets. (Laws of 1868, vol. 2, 1907, § 1.) It had the right to permit the owners of lots along the streets to connect drains with the sewers for the purpose of draining their lots. (Barton v. The City of Syracuse, 36 N. Y., 54; Wendell v. Mayor of Troy, 4 Keyes, 261.) This power is also conferred upon the defendant by statute. (Laws of 1870, vol. 2, 1931, § 1 of title 8.) The defendant, in the exercise, of this right, granted permission to three several lot owners upon Fourth avenue in the village, in which a sewer had…
2Cases cited7 opinions
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Nebraska City v. CampbellSupreme Court of the United States · 1863
- Walker v. Erie Railway Co.New York Supreme Court · 1872
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3Cited by78 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Steitz v. GiffordNew York Court of Appeals · 1939
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
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