Heughes v. Oliver Costich Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSears, P. J.
The plaintiffs have brought this action against the defendants sewer commissioners and certain others for injury to their property caused by the negligence of the defendants. The sewer commissioners are not sued as individuals as both the caption and the allegations of the complaint disclose. On this appeal nothing of substance is before us but a question of practice, namely, may an action be brought against sewer commissioners for their negligence occurring in the performance of their public duties. The question is answered in the negative by the reasoning of the court in People ex rel.…
2Cases cited2 opinions
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
3Cited by3 opinions
- Harrigan v. Town of SmithtownNew York Supreme Court · 1967
- Berean v. Town of LloydAppellate Division of the Supreme Court of the State of New York · 1957
- People ex rel. Industrial Planning Corp v. KirkbyAppellate Division of the Supreme Court of the State of New York · 1934