Canavan v. City of Mechanicville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City of Mechanicville, from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the county of Saratoga on the 13th day of March, 1919, overruling defendant’s demurrer to the second cause of action set forth in the complaint. The issue was brought on and tried as a contested motion pursuant to section 976 of the Code of Civil Procedure.
1Concurrence 1
Woodward, J. (concurring):
The complaint in this action alleges that the defendant is a municipal corporation, authorized by its charter to construct, operate and maintain a water plant for the supplying of pure and wholesome water to its inhabitants; that the plaintiff *258occupied certain premises with his family, and that the defendant failed in its obligation to supply pure and wholesome water; that, on the contrary, it supplied water contaminated with typhoid fever germs; that the plaintiff and his family drank the water thus supplied by the defendant, and that typhoid fever resulted, to the…
Also in this document: Concurrence · Cochrane.
2Cases cited5 opinions
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Race v. . KrumNew York Court of Appeals · 1918
- American Forcite Powder Manufacturing Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1896
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Canavan v. City of MechanicvilleNew York Supreme Court · 1919