Ahrens v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Rochester, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 2d day of May, 1904, upon the decision of the court, rendered after a trial at the Monroe Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Nash, J.:
The allegations of the complaint bring the case of the plaintiff within the principle adopted and applied in Seifert v. City of Brooklyn (101 N. Y. 136).
The complaint here alleges that in or about the year 1882 the city built a sewer through Clifford and other streets for the purpose of draining waste water and sewage from residences located within the described area; “ that since the year IS82 a large amount of additional territory has been drained by the defendant into the sewer so constructed in Clifford street by means of tributary sewers built by the defendant. That such…
2Cases cited3 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
3Cited by9 opinions
- City of Portsmouth v. WeissSupreme Court of Virginia · 1926
- Beck v. City of New YorkNew York Supreme Court · 1960
- Ebbets v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Lamay v. City of FultonAppellate Division of the Supreme Court of the State of New York · 1905
- Squaw Island Freight & Terminal Co. v. City of BuffaloNew York Supreme Court · 1928
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