Lumley v. Village of Hamburg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edward Lumley and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 17th day of January, 1917, dismissing the complaint on the merits upon the decision of the court after a trial at the Erie Special Term.
1Opinion of the Court
De Angelis, J.:
The plaintiffs brought this action to enjoin the defendant from polluting water running in a channel through the plaintiffs’ farm by the introduction of sewage therein; to enjoin the defendant from collecting from its paved streets through its sewer system water and sewage and causing the same to flow in such channel to the plaintiffs’ farm in such quantities as to exceed the capacity of the channel and through such means to cause such water and sewage to overflow the plaintiffs’ farm land under cultivation and to destroy their crops, and to recover the damages sustained on…
2Cases cited1 opinion
- Freeman v. WeeksMichigan Supreme Court · 1881
3Cited by8 opinions
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
- Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
- Forbes v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1925
- McCutchen v. Village of PeekskillNew York Supreme Court · 1938
- Town of Hamburg v. GervasiAppellate Division of the Supreme Court of the State of New York · 1945
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