Morton v. Mayor of New York
New York Supreme Court
Appeal from circuit court, New York county. Action by Levi P. Morton against the mayor, alderman, and commonalty of the city of New York to recover for damage to property adjacent to defendant’s pumping station, resulting from the continuing jar and noise. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
The plaintiff is the owner of three private dwelling houses situated on the southerly side of West Hinety-Eighth street, and immediately adjoining one of these houses, on the east thereof, is the Croton water high-service pumping station, used in connection with the supply and distribution of Croton water at greater heights than can be obtained by the ordinary pressure of said water. The complaint alleges that the maintenance of said pumping station by the defendant adjacent and so near to the premises of the plaintiff, and the constant operation of the pumps and machinery, produce a…
2Cases cited2 opinions
- Atwater v. Trustees of Village of CanandaiguaNew York Court of Appeals · 1891
- Griffin v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1854
3Cited by4 opinions
- Panama Realty Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Lester v. Mayor of New YorkNew York Supreme Court · 1894
- Bohnsack v. McDonaldNew York Supreme Court · 1899
- Cornell v. MayorNew York Supreme Court · 1892