Morgan v. . the City of Binghamton
New York Court of Appeals
Appeal from certain portions of a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 31,1881, which, among other things, affirmed, so far as appealed from by defendant, the city of Binghamton, a judgment entered upon a decision of the court at Special Term. (Reported below, 32 Hun, 602.) This action was brought to restrain the construction of the Carroll street sewer, so called, in the city of Binghamton.
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Appeal from certain portions of a judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 31,1881, which, among other things, affirmed, so far as appealed from by defendant, the city of Binghamton, a judgment entered upon a decision of the court at Special Term. (Reported below, 32 Hun, 602.) This action was brought to restrain the construction of the Carroll street sewer, so called, in the city of Binghamton. By the plan of sewerage adopted by the proper municipal authorities, this was to be a main sewer, sewers from other streets…
1Opinion of the CourtFinch, J.
The findings of fact of the trial j udge are conclusive for all the purposes of this appeal. If the evidence leaves any of them doubtful the deficient proof may have been supplied by his personal examination, since he went over the route of the sewer and took careful observation of the locality, with the consent of both parties and doubtless aided by their suggestions. The sole question before us, therefore, is whether upon those findings the plaintiff was entitled to so far defeat the plan of sewerage adopted by the common council as to prevent and restrain the connection of other sewers…
2Cases cited1 opinion
- Swett v. City of TroyNew York Supreme Court · 1872
3Cited by21 opinions
- In re the Union Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1917
- Greathouse v. Board of School CommissionersIndiana Supreme Court · 1926
- Pritchett v. Board of Commissioners of the County of KnoxIndiana Court of Appeals · 1908
- Bove v. Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Purdy v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1891
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