Morton v. Mayor
| Decision Date | 28 November 1893 |
| Citation | 35 N.E. 490,140 N.Y. 207 |
| Parties | MORTON v. MAYOR, ETC., OF CITY OF NEW YORK. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from supreme court, general term, first department.
Action by Levi P. Morton against the mayor, aldermen, and commonalty of the city of New York to recover for damage to property adjacent to defendant's pumping station, caused by noise and vibration. From a judgment of the general term (19 N. Y. Supp. 603) reversing a judgment dismissing the complaint, defendant appeals. Affirmed.
Charles J. Blandy, for appellant.
B. F. Tracy, for respondent.
The municipal authorities of the city of New York were empowered by chapter 386 of the Laws of 1878 to extend and enlarge the distribution of Croton water throughout the city, and for that purpose to raise and expend a sum of money not to exceed $1,500,000. The authority thus conferred is to be found in the second section of the act, which reads as follows: ‘The commissioner of public works of the city of New York, when thereunto authorized by three-fourths vote of all the members elected to the common council of said city, to be approved by the mayor of said city, is hereby authorized to expend for materials and labor and other services in such manner as the said commissioner shall deem for the best interest of said city, in laying pipes to extend and enlarge the distribution of Croton water throughout the city of New York, including the two new wards, and to furnish a sufficient supply thereof to the institutions in charge of the department of public charities and correction, located on Blackwell's island, Ward's island and Randall's island, and in laying mains and erecting or constructing such structures and fixtures as the said commissioner of public works may deem necessary to deliver said water at higher levels and in greater quantities, an additional sum not exceeding one million five hundred thousand dollars.’ The common council and the commissioner of public works proceeded to execute the power conferred by this act, and erected upon certain lots owned by the city a building, in which were placed pumping engines, tank, and other fixtures, and laid the necessary mains and pipes to connect the points to be served with the source of supply. The object of the improvement was to supply water at higher elevations to the portions of the city built on high ground. The pumping station was constructed some time after the passage of the act, and in the year 1888 had been in operation some years. About this time there was erected a row of brick dwelling houses extending from the west wall of the pumping station westerly, 12 in number, which, on the 13th of July, 1888, were all conveyed to the plaintiff. The three houses nearest to the station are known as Nos. 116, 118, and 120; the first having been built close to the west line of the lot upon which the structures of the city had been placed. The injury for which the plaintiff complained was that, by reason of the operation of the pumps and machinery in the station, the noise and vibration therefrom greatly damaged the three houses next adjoining, rendering them untenantable, or at least greatly diminishing the rental value. The vibration and noise affected the three houses in proportion to their proximity to the station. It is conceded by the learned counsel for the defendant that the plaintiff at the trial proved that the three houses were seriously affected by the action of the machinery in use in the pumping station, and that the vibrations and noise therefrom produced actual pecuniary loss to the plaintiff. There is no complaint of negligent management on the part of the municipal authorities, but the plaintiff's contention is that he was entitled to the use and enjoyment of the property which he owned free from such annoyance or loss. On the other hand, the defendant insists that it is not liable for the...
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