McDONALD v. CITY OF NEW YORK

No. 60.

36 F.2d 714 (1929)

McDONALD v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

December 16, 1929.


Attorney(s) appearing for the Case

William J. Leonard, Matthew J. Troy, and Arthur J. W. Hilly, Corp. Counsel, all of New York City, for appellant.

Clement E. Dunbar, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

At the foot of Lincoln avenue on the east side of the Harlem River, in the borough of the Bronx, the city of New York maintains an ash dump. To the north and south, extending to the water front, are railroad yards, and the neighborhood on both sides of the river is given over to industry or transportation, and, so far as the evidence shows, is substantially without residences. The ashes and similar...

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