Lawrence Son & Gerrish, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
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 New York on the 5th day of June, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
This action is brought to recover for damages to certain goods stored in the basement of a warehouse situated on the corner of Market and South streets, occasioned by the flooding of the basement during a rain storm on July 21, 1912. • It is claimed that the flooding was caused by the defective construction and negligent care of the sewer connections at this point. The jury found a verdict for the plaintiff under a charge of the court which laid down proper rules of law for its guidance and to which no exceptions of a substantial nature were taken.
It is claimed, however, by the…
2Cases cited2 opinions
- Donnelly v. Younglove Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Mackey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907