George Foltis, Inc. v. City of New York

The plaintiff conducted a restaurant in the building located at the southwest comer of Thirty-sixth street and Eighth avenue, borough of Manhattan, New York city. On the evening of April 10, 1938, a twelve-inch water main in Eighth avenue broke at a point just south of Thirty-sixth street. Escaping water seeped into the premises occupied by plaintiff, causing damage for which the city of New York is sought to be held liable. It was shown that a longitudinal split in the flange or hub part of a section of the main had occurred. Much of the plaintiff’s testimony sought to establish that the…