Cottrell v. Marshall Infirmary
New York Supreme Court
Appeal from circuit court, Bensselaer county. Action by George 2sT. Cottrell, as supervisor of the town of Poeaienkill, against the Marshall Infirmary in the City of Troy, for damages caused by defendant's dam washing away. From a judgment for plaintiff for $1,949.55 damages and costs, entered on a verdict -of a jury, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPutnam, J.
The position of the learned counsel for defendant, that negligence must be shown in order to make the defendant, as owner of the dam, liable, is undoubtedly correct. Losee v. Buchanan, 51 N. Y. 487, and cases cited. But we think there was testimony in the case which rendered the submission of the question of defendant’s negligence to the jury proper. There was no waste weir to the dam, or flagging over the dirt filling between its walls.. The expert witness, Rickets, testified: “It is not the proper and safe construction of a dam to build it without a waste weir.” Also: “I do not think you…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Losee v. . BuchananNew York Court of Appeals · 1873
- Gray v. HarrisMassachusetts Supreme Judicial Court · 1871
3Cited by2 opinions
- Buda v. StateNew York Court of Claims · 1950
- Shannahan v. StateAppellate Division of the Supreme Court of the State of New York · 1901