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.