Village of Carthage v. . Colligan
New York Court of Appeals
It was not necessary to fix the amount of the penalty in the order not to empty the sewage. (City of Poughkeepsie v. King, 38 App. Div. 610; People v. Hayes, 140 N. Y. 484.) The order of the board of health failed to provide any penalty for its violation. It was, therefore, unenforceable.
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It was not necessary to fix the amount of the penalty in the order not to empty the sewage. (City of Poughkeepsie v. King, 38 App. Div. 610; People v. Hayes, 140 N. Y. 484.) The order of the board of health failed to provide any penalty for its violation. It was, therefore, unenforceable. (City of Buffalo v. R. R. Co., 152 N. Y. 276; New York City v. Hexamer, 69 N. Y. Supp. 198; Hudson v. New York, 9 N. Y. 163; Phelps v. Hawley, 52 N. Y. 23; People v. City of Brooklyn, 22 Barb. 404; State v. Clinton, 53 N. J. L. 329; City of Poughkeepsie v. King, 38 App. Div. 610; MacNall v. Kales, 61 Hun,…
1Opinion of the CourtCardozo, J.
This is an action to recover a penalty imposed on the defendant by the board of health of the village of Carthage.
The defendant had a cesspool on his land, and emptied it in ways offensive to his neighbors. The board of health adopted a resolution that he must not again pump his cesspool Over the ground, and that he must abate the existing nuisance, and the village attorney was directed to draw up a notice to that effect. Ho penalty was prescribed in the event of disobedience.' The resolution was followed by the service of a notice which we think was sufficient in form, and which warned the…
2Cases cited2 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- City of Poughkeepsie v. KingAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Kim v. Town of OrangetownNew York Supreme Court · 1971
- Guyle v. City of AuburnNew York Supreme Court · 1958