Leonhardt v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Jacob M. Leonhardt against the city of New York. From a judgment for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtGildersleeve, P. J.
The action is for damages from the leakage as by careless and negligent cutting and breaking by defendant’s servants of said pipe. The trial court dismissed the complaint for failure of proof.
It appears from the testimony that in February, 1907, the plaintiff discovered water coming into his premises from some unobservable leakage and notified the water department of the fact. The department sent men to ascertain the trouble, and after considerable excavating discovered that the leak was in plaintiff’s private service pipe. It further appears, without contradiction, that when the leak was…
2Cases cited1 opinion
- Kosmak v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1889
3Cited by1 opinion
- Josey v. Beaumont Waterworks Co.Court of Appeals of Texas · 1916