Legal Opinion

Huffmire v. . City of Brooklyn

New York Court of Appeals

Decided May 1, 1900PublishedCited by 23 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1897, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1897, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The statute having authorized the construction of the sewer and the discharge of its contents into the tide waters, no liability could attach to the town of Flat-bush without proof of fault either in the method of construction or maintenance of the sewer built under such legislative…

1Opinion of the CourtWerner, J.

This action was brought to recover damages to a bed of oysters planted by the plaintiffs in Mill creek, which is tide water bordering upon that portion of the city of Brooklyn formerly known as the town of Flatlands, Kings county, FT. Y.

These oysters were planted under a permit issued to the plaintiffs by the justice of the peace and the supervisor of said town of Flatlands, pursuant to the provisions of chapter 734 of the Laws of 1868. This act, in substance, provides that any person who has been an inhabitant of the town for a period of six months prior to making application may, upon…

2Cases cited6 opinions

  1. Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
  2. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  3. Noonan v. . City of AlbanyNew York Court of Appeals · 1880
  4. St. Peter v. . DenisonNew York Court of Appeals · 1874
  5. Atwater v. Trustees of Village of CanandaiguaNew York Court of Appeals · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Darling v. City of Newport NewsSupreme Court of Virginia · 1918
  2. Gordon v. . Ellenville Kingston R.R. Co.New York Court of Appeals · 1909
  3. Lovejoy v. Town of DarienSupreme Court of Connecticut · 1945
  4. Squaw Island Freight Terminal Co. v. City of BuffaloNew York Court of Appeals · 1937
  5. Lovejoy v. City of NorwalkSupreme Court of Connecticut · 1930

18 more not listed; retrieve them via the Exa API.

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