Hyperlawhypertext legal database Andariese v. Village of Edgewater 6 N.Y.S. 958

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Andariese v. Village of Edgewater

6 N.Y.S. 958 Court N.Y. Gen. Term Decision date 1889-07-02 English

Delivered by Barnard, P. J.

Contents

Majority

p. 958
Andariese, Respondent, v. Village of Edgewater, Appellant.
(Supreme Court, General Term, Second Department.
July 2, 1889.)

Headnote

Appeal from special term, Richmond county.
Wm. M. Mullen, for appellant. Charles J. Babbitt, for respondent.

The evidence in this case shows that the same question is presented as in the ease of Butler v. Village of Edgewater, ante, 174. The premises are different, but the same thing has been done. The defendant has collected sewerage and cast it upon the surface of the street in front of her residence, making a dangerous nuisance, and one that is wholly unnecessary. The judgment should be affirmed for the same reasons as are given in the Butler Case.