Noonan v. . City of Albany
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages to plaintiff’s premises, situate in the city of Albany, alleged to have been caused by water, dirt and filth thrown and deposited thereon by the unlawful acts of defendant. Theffacts appear sufficiently in the opinion.
1Opinion of the CourtAndrews, J.
The defendant by-means of the Lark street and connecting sowers, and the maimer of grading Colame street, concentrated the surface-water and sewage of a large territory, and discharged it in one body at the junction of Lark and Colonie streets into a ravine. It passed after its discharge over ground used as a dumping place for refuse, and down the declivity, until it reached the valley, or bed of the ravine, and flowing easterly, reached the premises of the plaintiff, and having no sufficient outlet, flooded the plaintiff's lot, and deposited thereon the filth carried by the sowers, and the…
2Cases cited2 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873
3Cited by102 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- North Dakota v. MinnesotaSupreme Court of the United States · 1923
- Conger v. Pierce CountyWashington Supreme Court · 1921
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
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