Jencks v. Kenny

Superior Court of New York

Jencks v. Kenny

19 N.Y.S. 243

CourtThe Superior Court of the City of New York and Buffalo

DecidedApril 15, 1892

StatusPublished

Cited by2 cases

This text of 19 N.Y.S. 243 (Jencks v. Kenny) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jencks v. Kenny, 19 N.Y.S. 243 (superctny 1892).

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Opinion

‘ MoAdam, J.

The defendant, under a contract with the city, is excavating a sewer in front of plaintiff’s property. The power exercised "is vested in the municipal authorities by express statute (Consolidation Act 1882, § 878.) The act of 1855, c. 6, respecting excavations, re-enacted in 1882 (Consolidation Act, § 474, amended in 1885, c. 456; Id. 1887, e. 566,) applies to-“adjoining owners” only, concerns private rights and obligations, not public-functions, and affords the plaintiff no remedy for the acts complained of..

Motion to continue injunction denied.

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‘ MoAdam, J.

The defendant, under a contract with the city, is excavating a sewer in front of plaintiff’s property. The power exercised "is vested in the municipal authorities by express statute (Consolidation Act 1882, § 878.) The act of 1855, c. 6, respecting excavations, re-enacted in 1882 (Consolidation Act, § 474, amended in 1885, c. 456; Id. 1887, e. 566,) applies to-“adjoining owners” only, concerns private rights and obligations, not public-functions, and affords the plaintiff no remedy for the acts complained of..

Motion to continue injunction denied.

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Bluebook (online)

19 N.Y.S. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jencks-v-kenny-superctny-1892.

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