Legal Opinion

Stubbs v. . City of Rochester

New York Court of Appeals

Decided July 15, 1919PublishedCited by 31 opinions

Appeal from a judgment entered September 13, 1916, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of defendant upon the nonsuit granted at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHogan, J.

This action was brought by plaintiff to recover damages alleged to have been sustained by him due to drinking contaminated water from the defendant’s domestic service.

During the year 1910 and for many years prior thereto the defendant under legislative authority was engaged in the business of selling water to its inhabitants. A duty was imposed on the commissioner of public works to provide an abundant supply of wholesome water for public and private use, to devise plans and sources of water supply, to plan and supervise the distribution of water through the city and to protect it against…

2Cases cited1 opinion

  1. Stubbs v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by31 opinions

  1. Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
  2. Claim of Miller v. National Cabinet Co.New York Court of Appeals · 1960
  3. Melodee Lane Lingerie Co. v. American District Telegraph Co.New York Court of Appeals · 1966
  4. Gutierrez v. Public Service Interstate Transp. Co.Court of Appeals for the Second Circuit · 1948
  5. Allen v. StokesAppellate Division of the Supreme Court of the State of New York · 1940

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