Moody v. Village of Saratoga Springs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Saratoga Springs, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 10th day of October,. 1896, upon the'decision of the court rendered after a trial at the Saratoga Special'Term.
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Appeal by the defendant, The Village of Saratoga Springs, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 10th day of October,. 1896, upon the'decision of the court rendered after a trial at the Saratoga Special'Term. The action was brought by the plaintiff to restrain the defendant from discharging sewage through-its sewer into the Kayaderosseras creek near .the. plaintiff’s house, and premises, and thereby polluting the stream and the air. to the plaintiff’s injury, and for damages for past injuries. The…
1Opinion of the Court
LANDON,. J.:
The village does not contend .that the plaintiff has not been injured by the offensive matter. discharged. from the sewer, but claims that it is not liable therefor. The village, prior to 1885, constructed its system of sewers with .the final discharge from the ' main sewer four and one-third miles distant from the .plaintiff’s premises. By chapter 149 of the Laws of 18-85 commissioners were, appointed with power, to extend the main sewer from its terminus to such other terminus as the commissioners should select, at the expense' of the village.. The commissioners, in pursuance of…
2Cases cited6 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Smith v. . City of RochesterNew York Court of Appeals · 1879
- Bolton v. Village of New RochelleNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Donaldson v. City of BismarckNorth Dakota Supreme Court · 1942
- Sammons v. City of GloversvilleNew York Supreme Court · 1901
- Mann v. WilleyAppellate Division of the Supreme Court of the State of New York · 1900
- Fonda v. Village of Sharon SpringsNew York Supreme Court · 1910
- Western New York Water Co. v. City of Niagara FallsNew York Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.