McCarthy v. . the City of Syracuse
New York Court of Appeals
Appeal from judgment of the late General Term of the fifth judicial district, affirming a judgment entered in Onondaga county upon the report of a referee in favor of plaintiffs. The plaintiffs occupied a store at the corner of Salina and Fayette streets, in the city of Syracuse. The basement room which extended out under the sidewalks was used for the storage and sale of carpets.
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Appeal from judgment of the late General Term of the fifth judicial district, affirming a judgment entered in Onondaga county upon the report of a referee in favor of plaintiffs. The plaintiffs occupied a store at the corner of Salina and Fayette streets, in the city of Syracuse. The basement room which extended out under the sidewalks was used for the storage and sale of carpets. Prior to the year 1864 the common council of the city of Syracuse caused a sewer to be constructed in Fayette street. Into this main sewer ran branch sewers. On the 13th day of August, 1864, there occurred at…
1Opinion of the CourtBatallo, J.
The principle appears to be settled in this State, that where a duty of a ministerial character is imposed by law upon a public officer or corporation, a negligent omission to perform that duty, creates a liability on the part of s,uch officer or corporation, for the damages which individuals may sustain by reason of such omission, and that such liability may be enforced in a civil action by the party injured. (Adsit v. Brady., 4 Hill, 630; Robinson v. Chamberlain, 34 N. Y., 389; Hutson v. The Mayor, etc., 9 id., 169; Fulton Fire Ins. Co. v. Baldwin, 37 id., 648; Hover v. Burkhoof, Ct. Ap.…
2Cases cited4 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
3Cited by78 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Irvine v. . WoodNew York Court of Appeals · 1872
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Bassett v. . FishNew York Court of Appeals · 1878
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