New York Court of Appeals

George Chapman, Sr., Respondent v. the City of Rochester, Appellant

October 2, 1888110 N.Y. 273

Summary

The Court of Appeals affirmed the lower court's judgment, holding that the City of Rochester's discharge of sewage into Thomas Creek constituted an actionable nuisance for which the plaintiff was entitled to damages, and that the plaintiff was not estopped by his acquiescence to the city's sewer system.