Spencer v. McManus
Albany City Court
Action to recover damages caused to plaintiff’s goods by an overflow of water from a faucet left open in defendant’s premises..
1Opinion of the CourtDanaher, J.
The plaintiff and the defendant are tenants in occupation of premises No. 31 Steuben street, Albany, N. Y., both hiring from the same landlord. The plaintiff occupies the basement, the defendant a room on the third floor. On the morning of the 2d of January, 1893, the plaintiff opened his store and found that a quantity of goods had *268been damaged by water which came from an open faucet in the room of the defendant. The proof on the part of the defendant was that he had hired that room for the use of his employees as a toilet room. That his employees had no right to use it on Sundays or…
2Cases cited8 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Althorf v. . WolfeNew York Court of Appeals · 1860
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- J. B. White & Co. v. MontgomerySupreme Court of Georgia · 1877
- Moore v. . GoedelNew York Court of Appeals · 1866
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3Cited by1 opinion
- Dubiner's Bootery, Inc. v. General Outdoor Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1960