Johnston v. City of Cohoes

Full title: JOSEPH JOHNSTON, Respondent, v. CITY OF COHOES, N.Y., Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 1, 1928

225 App. Div. 718 (N.Y. App. Div. 1928)

Opinion

November, 1928.

Judgment and order reversed, on the law, with costs, and complaint dismissed, with costs, on the ground that no contract or duty was established on the part of the city to maintain an outlet for plaintiff's private sewer into the surface water drain of the city. ( Kosmak v. Mayor, etc., 117 N.Y. 361, 368; 43 C.J. 1132, § 1892.) Van Kirk, P.J., Hinman, Davis, Whitmyer and Hill, JJ., concur.