Munk v. City of Watertown
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Andrew W. Hunk against the city of Watertown for damages sustained from the flooding of his premises by sewage. There was a verdict of $250 in plaintiff’s favor. From the judgment entered thereon, and from an order denying defendant’s motion for a new trial, made on the judge’s minutes, defendant appeals.
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Appeal from circuit court, Jefferson county. Action by Andrew W. Hunk against the city of Watertown for damages sustained from the flooding of his premises by sewage. There was a verdict of $250 in plaintiff’s favor. From the judgment entered thereon, and from an order denying defendant’s motion for a new trial, made on the judge’s minutes, defendant appeals. Plaintiff alleges damages sustained to his premises, and loss of services of his wife by reason of sickness, caused by the large quantities of water, filth, and sewage being driven into his cellar and upon his premises, situated on the…
1Opinion of the CourtHardin, P. J.
Upon the close of the evidence the trial judge ruled that he would submit to the jury—First, “the question of the negligence of the city in not furnishing an outlet for the flow of the Wood-ruff, Sherman, and Washington streets sewer, so it set it back in the premises of the plaintiff at the time alleged in the complaint, and proved on the trial;” and, second, “also on the question of damages.” By this ruling, apparently, all other questions tvere eliminated from the case, and those two questions were presented to the jury by a charge which commented upon the evidence bearing upon those…
2Cases cited12 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Althorf v. . WolfeNew York Court of Appeals · 1860
- People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
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3Cited by6 opinions
- Collett v. MayorAppellate Division of the Supreme Court of the State of New York · 1900
- Carter v. Village of NundaAppellate Division of the Supreme Court of the State of New York · 1900
- Pickett v. Town of West MonroeAppellate Division of the Supreme Court of the State of New York · 1900
- Munn v. City of HudsonAppellate Division of the Supreme Court of the State of New York · 1901
- Willoughby v. AllenSupreme Court of Rhode Island · 1904
1 more not listed; retrieve them via the Exa API.