New York Court of Appeals

Dennis Noonan, Respondent v. the City of Albany, Appellant

January 13, 188079 N.Y. 470

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the City of Albany was liable for the nuisance created by discharging surface water and sewage into a small ravine that overflowed onto the plaintiff's land. The court rejected the city's defenses that it had a riparian right to drain the water and that an alleged downstream obstruction excused its liability.