Legal Opinion
Thomann v. City of Rochester
New York Court of Appeals
Decided May 12, 1931PublishedCited by 92 opinions
1Opinion of the Court
Cardozo, Ch. J.
The city of Rochester bought an abandoned quarry in 1924, and used it as a public dump. The plaintiff, a florist, occupied adjoining land for the uses of his business and also as a home. Noxious gases, smells and vermin, coming from the dump, impaired the comfort of his family and brought damage to his bulbs and flowers. He stood by inactive for nearly four years, though the nuisance and the damage were obvious at once. At length, in July, 1928, he filed a notice of claim with the defendant’s Common Council and also with its Corporation Counsel, and later, a notice of intention…
2Cases cited20 opinions
- Truax v. CorriganSupreme Court of the United States · 1921
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
15 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Cooper v. LockhartCourt of Appeals for the Eighth Circuit · 1973
- Picciano v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 2001
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Chattergoon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
87 more not listed; retrieve them via the Exa API.