Blake v. . Ferris
New York Court of Appeals
* Appeal from the general term of the Superior Court of the city of New York, where judgment had been entered upon a verdict in favor of the plaintiff. This was an action to recover damages for an injury done to the plaintiff’s horses and carriage, by being driven into an open unfinished sewer, which the defendants had permission to construct, in Twelfth street, in the city of New York/in consequence, as was alleged, of the negligence of the defendants, and their servants.
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* Appeal from the general term of the Superior Court of the city of New York, where judgment had been entered upon a verdict in favor of the plaintiff. This was an action to recover damages for an injury done to the plaintiff’s horses and carriage, by being driven into an open unfinished sewer, which the defendants had permission to construct, in Twelfth street, in the city of New York/in consequence, as was alleged, of the negligence of the defendants, and their servants. The defendants applied to the city authorities for permission to construct a sewer in Twelfth street, at their own…
1Opinion of the CourtMullett, J.
It is quite clear, that the building of the sewer in question was not a city improvement, carried on by the city officers, as a public work. The defendants applied to the city authorities for. permission to construct the sewer, at their own expense, but under the direction of the street commissioner. As the construction of the work had a tendency to disturb the then existing sewers and pavements of the city, it was proper, that it should be executed under the inspection of the city officers, and this is a sufficient reason for their reserving and exercising a supervision over it, but not…
2Cases cited4 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Tyler v. MagwireSupreme Court of the United States · 1873
- Stevens v. . SquiresNew York Court of Appeals · 1852
- McMullen v. HoytNew York Court of Common Pleas · 1867
3Cited by105 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Devlin v. . SmithNew York Court of Appeals · 1882
- Swords v. . EdgarNew York Court of Appeals · 1874
- Hexamer v. . WebbNew York Court of Appeals · 1886
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