Gorney v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by Veronica Gorney against the city of New York. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtWillard Bartlett, J.
The plaintiff has recovered a verdict for damages to her property occasioned by the negligence of a driver in the service of the department of street cleaning of the city of New York, who allowed his horses and cart to collide with a fire hydrant, breaking it "down in such a manner as to cause the water therefrom to flood the plaintiff’s premises.
The evidence was sufficient to support the verdict, if the relation of the driver to the city at the time of the accident was such as to render the city liable for his acts. I entertain no doubt that it was. Assuming, as was testified by the foreman…
2Cases cited3 opinions
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Pearl v. MacaulayAppellate Division of the Supreme Court of the State of New York · 1896
- Brand v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1903