Conron v. Fox
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of The Bronx, second district, in favor of plaintiffs, after a trial by a judge without a jury.
1Opinion of the CourtBijur, J.
Defendant was lawfully engaged in excavating a trench on West Eighty-second street for the purpose of laying conduits for the fire department. As the result of a blast, a nearby water main was broken and the water eventually found its way into the cellar of plaintiff’s apartment house, where it inflicted damage for which recovery is sought. The trench was six feet north of the southerly curb. The water main was four feet two inches below the surface of the street, one foot six inches below the bottom of the trench, and eighteen inches north of it. A “ water-gate ’ ’ on the surface was ten…
2Cases cited6 opinions
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Holland House Co. v. . BairdNew York Court of Appeals · 1901
- New York Steam Co. v. . Foundation Co.New York Court of Appeals · 1909
- Gordon v. . Ellenville Kingston R.R. Co.New York Court of Appeals · 1909
- Wheeler v. NortonAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by1 opinion
- Annutto v. Town of HerkimerNew York Supreme Court · 1968