Uppington v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1899, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought by an abutting owner upon Greene avenue, in the borough of Brooklyn, to recover damages alleged to have been sustained from injuries to her house through the construction of a sewer by means of an open trench in said street.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 13, 1899, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought by an abutting owner upon Greene avenue, in the borough of Brooklyn, to recover damages alleged to have been sustained from injuries to her house through the construction of a sewer by means of an open trench in said street. The sewer is known as a relief sewer, laid to carry off surface water which, after heavy storms, flooded a portion of the city…
1Opinion of the CourtVann, J.
When a municipal corporation has general authority by statute to make a public improvement in a public street, which does not involve direct encroachment upon private property, it is not liable for consequential damages, unless they are caused by negligence, misconduct or want of skill on the part of its servants or agents. (Atwater v. Trustees of Canandaigua, 124 N. Y. 602; Radcliff v. Mayor, etc., 4 N. Y. 195 ; Transportation Co. v. Chicago, 99 U, S. 635 ; 2 Dillon on Munic. Corps. § 1029; Shearman & Redfield’s Negligence, § 272.) In such cases the corporation is the agent of the state, and…
2Cases cited13 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Blake v. . FerrisNew York Court of Appeals · 1851
- Butler v. . TownsendNew York Court of Appeals · 1891
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Pottorff v. Fidelity Coal Mining Co.Supreme Court of Kansas · 1912
66 more not listed; retrieve them via the Exa API.