Legal Opinion

Holzhausen v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 18, 1907PublishedCited by 2 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of Jan-, uary, 1906, upon the decision of the court rendered after a trial at the Kings County Trial Term before the court without a jury.

1Opinion of the Court

Jenks, J.:

The defendant appeals from a judgment against it in an action for damages to personal property from the overflow of the defendant’s sewer. A jury was waived and the court found that for' a period of two years previous to the 13th day of November, 1903, and five or six times every year, during storms the sewers maintained by the defendant were insufficient to cony off the large quantities of waters and refuse that had been collected by the defendant throughout said sewer district and emptied into said lateral and main sewers, causing said sewers to become choked so as to flood the…

2Cases cited4 opinions

  1. Mills v. . City of BrooklynNew York Court of Appeals · 1865
  2. O'Donnell v. . City of SyracuseNew York Court of Appeals · 1906
  3. Smith v. Mayor of New YorkNew York Court of Appeals · 1876
  4. Ebbets v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by2 opinions

  1. Beck v. City of New YorkNew York Supreme Court · 1960
  2. Stack v. City of New YorkCity of New York Municipal Court · 1929

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