Legal Opinion

Sperling v. Boll

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

Decided November 15, 1896PublishedCited by 2 opinions

Appeal by the plaintiff, Pauline Sperling, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order bearing date the 13th day of May, 1896, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made…

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Appeal by the plaintiff, Pauline Sperling, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order bearing date the 13th day of May, 1896, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

This action was brought to recover one-lialf the cost of repairs to the sewer of the house No. 246 West Thirty-ninth street, in the city of New York, which house belonged to the plaintiff. The sewer was located under the cellar of that house, but was connected with the drain pipe of No. 244 West Thirty-ninth street, which last-named premises were owned by the defendants. The sewage of the defendants’ house passed into the sewer of the plaintiff’s house, and was discharged therefrom into the main sewer in Thirty-ninth street. Sometime in or about the month of March, 1892, it was…

2Cited by2 opinions

  1. Polachek v. New York Life InsuranceNew York Supreme Court · 1933
  2. Swift v. PooleAppellate Division of the Supreme Court of the State of New York · 1916

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