Joseph M. Duryee, Respondent v. the Mayor, Aldermen and Commonalty of the City of New York, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the ordinance’s invalid provision establishing an exterior line does not void its remaining provisions, that the common council had authority under the sinking‑fund ordinance and deed to require the grantees to fill the land, that the time‑condition was waived, that the defendant’s continued sewer discharge constituted trespass, and that interest on damages is within the jury’s discretion.