Aschenbach v. Keene
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtScott, J.
If the evidence had shown that the defendants had sole access to the water faucet, the mere happening of the overflow would have been sufficient to establish, their responsibility- prima facie. The uncontradicted evidence, however, was to the effect that defendants sublet a portion of the loft from a man named Buckley, who remained in possession of the remainder of the same loft, and that while the faucet was physically within the boundaries of that portion of the loft occupied by defendants, yet that both defendants’ employees and those of Buckley had access to the closet in which the faucet…
2Cases cited4 opinions
- Moore v. . GoedelNew York Court of Appeals · 1866
- Harris v. . PerryNew York Court of Appeals · 1882
- Spencer v. McManusNew York Supreme Court · 1894
- Freund v. KearneyAppellate Terms of the Supreme Court of New York · 1898
3Cited by3 opinions
- Sachs v. American Central InsuranceNew York Supreme Court · 1962
- Mudge v. West End Brewing Co.New York Supreme Court · 1910
- Russell v. Charles Craske Co.Appellate Terms of the Supreme Court of New York · 1911