Wilson v. Mayor of New York
Court for the Trial of Impeachments and Correction of Errors
Error to the New-York common pleas. The plaintiff in error sued the corporation of the city of New-York in the court below and 'declared in case, alleging that she owned and was possessed of a house and four lots of ground at the northwest corner of Fortieth-street and the 7th avenue in the city of New-York, and that the defendants had so carelessly &c. raised, graded and made the said avenue and street, as to' obstruct the flowing of the water from her premises, and that…
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Error to the New-York common pleas. The plaintiff in error sued the corporation of the city of New-York in the court below and 'declared in case, alleging that she owned and was possessed of a house and four lots of ground at the northwest corner of Fortieth-street and the 7th avenue in the city of New-York, and that the defendants had so carelessly &c. raised, graded and made the said avenue and street, as to' obstruct the flowing of the water from her premises, and that the raising of the street and avenue by the defendants had turned the water and caused it to run upon her premises, the…
1Opinion of the Court
By the Court, Beardsley, J.
The corporation of New-York had an undoubted power to raise, pitch, grade and make the street and avenue, as was done in this instance; and it was conceded on the trial of the cause, that the proceedings for these purposes had been regular. What was done, it was therefore lawful to do; and if the plaintiff was thereby incommoded, it was damnum absque injuria ; and gave her no right of action against those who had only exercised a legal power vested in them for the publio convenience and welfare. It would indeed be remarkable if such an act would, in any case,…
2Cited by136 opinions
- Bogan v. Scott-HarrisSupreme Court of the United States · 1998
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
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