New York Court of Appeals
Frank Seifert, Respondent v. the City of Brooklyn, Appellant
January 19, 1886101 N.Y. 136
Summary
The New York Court of Appeals held that the City of Brooklyn is liable for damages caused by its sewer plan because the municipality created a private nuisance and, after notice, failed to adopt remedial measures. The court rejected municipal immunity where the injury results from a defective exercise of discretionary power.