Legal Opinion

Town of Southeast v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1904PublishedCited by 3 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Putnam on the 19th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of June, 1903, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hirschberg, P. J.:

The plaintiff has recovered judgment for damages to certain of its bridges and highways in Putnam county occasioned by the giving way of a portion of a reservoir dam belonging to the defendant as a part of its water supply system in that county. The dam is known as the Sodom dam, and was built in the year 1892, pursuant to the. provisions of chapter 490 of the Laws of 1883. It created what is known as “ Double Reservoir I,’’ two reservoirs connected by a tunnel located on the east branch of the Croton river. In May, 1901, the defendant increased the height of the dam by…

2Cases cited8 opinions

  1. Maxmilian v. . MayorNew York Court of Appeals · 1875
  2. Mayor of New-York v. BaileyNew York Supreme Court · 1845
  3. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  4. Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
  5. Hughes v. . County of MonroeNew York Court of Appeals · 1895

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3Cited by3 opinions

  1. Franklin v. JudsonAppellate Division of the Supreme Court of the State of New York · 1904
  2. Juengst v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
  3. Larkins-Warr Trust v. Watchorn Petroleum Co.Supreme Court of Oklahoma · 1946

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