Wallace v. Village of Canandaigua

138 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1912-11-20 English

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p. 1147

WALLACE, Respondent, v. VILLAGE OF CANANDAIGUA, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 20, 1912.)

Headnote

Action by John Henry Wallace against the Village of Canandaigua.

Judgment and order ( 117 N. Y. Supp. 912 ) reversed and new trial granted, with costs to appellant to abide event. Held, that the evidence fails to establish that the defendant maintained a nuisance.

FOOTE, J., dissents. ROBSON, J., not sitting.