Pennacchio v. Greco
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Resina Pennacchio, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 7th day of October, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Willard Bartlett, J.:
In this action the plaintiff seeks to recover damages sustained by reason of the overflow of sewage from the defendant’s premises onto the premises of the plaintiff in consequence of a break in the-defendant’s sewer pipe, which the defendant negligently allowed to become and to remain out of repair. At the close of the evidence-for the plaintiff a motion was made to dismiss the complaint on the ground that the proof failed to show any negligence on the part of the defendant. The court denied the motion so far as it was-based upon the ground stated, the learned trial judge…
2Cases cited3 opinions
- Paige v. . WilletNew York Court of Appeals · 1868
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Thomas v. AustinNew York Supreme Court · 1848
3Cited by5 opinions
- In re the Estate of MillerNew York Surrogate's Court · 1937
- Horan v. . HastorfNew York Court of Appeals · 1918
- Kuester v. Paige Sales Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Earlington Realty Corp. v. NeschisCity of New York Municipal Court · 1925
- Edwards v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928