City of New York Municipal Court November 15, 1883 (Hannon v. Agnew)

McAdah, J.

While it is true that when an individual sustains an injury by the mis-feasance or nonfeasance of a public officer, who omits to act, or acts contrary to his duty, the law gives redress to the injured party by an appropriate action (Adsit v. Brady, 4 Hill, 630 ; Shepherd v. Lincoln, 17 Wend. 250; Smith v. Wright, 24 Barb. 306 ; Robinson v. Chamberlin, 34 N. Y. 391; Hover v.