October, 1907.
Order affirmed, with ten dollars costs and disbursements. All concurred, except Kruse, J., who dissented upon the ground that it is not shown that the defendant refused or wilfully neglected to comply with the judgment, and also that the fine is excessive.
Full title:Hiram Swezey, Respondent, v. The Village of Batavia, Appellant
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: Oct 1, 1907
KRUSE, P.J.: The inhabitants of a city or village, collectively, have no more right to pollute the waters of…