Horne v. City of Buffalo
New York Supreme Court
Appeal from special term, Niagara county. Action by Walter P. Horne and the other water commissioners for the .village of Suspension Bridge against the city of Buffalo and John Martin, its street commissioner, to enjoin defendants from continuing a nuisance by dumping refuse matter in the Niagara river. Defendants appeal from an order refusing their motion to remove the trial from Niagara county to Erie county.
1Opinion of the CourtBarker, P. J.
The complaint charges the defendants with maintaining a nuisance. This action is to restrain the defendants from continuing the same. The city of Buffalo authorizes its officers to collect, in large quantities, refuse matter, street sweepings, and other foul material, which is habitually and almost daily deposited or dumped into the current of Niagara river; thereby, as the plaintiff alleges, polluting and rendering unfit for domestic use the waters of the said river at several places above the falls. The plaintiffs, as the board of water commissioners for the village of Suspension Bridge,…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- President & Directors of the Bank of Commerce v. Rutland & Washington RailroadNew York Supreme Court · 1854
3Cited by6 opinions
- Ladew v. Tennessee Copper Co.U.S. Circuit Court for the District of Eastern Tennessee · 1910
- People v. Selby Smelting and Lead Co.California Supreme Court · 1912
- Johnson v. Compost Products, Inc.Appellate Court of Illinois · 2000
- National Bank of Montana v. BinghamMontana Supreme Court · 1928
- Johnson v. Compost Products, Inc.Appellate Court of Illinois · 2000
1 more not listed; retrieve them via the Exa API.