Curran v. Weiss
New York Court of Common Pleas
Appeal from first district court. Action by Patrick H. 'Curran against Nathan Weiss and others to recover damages for the negligence of defendants, or their servants, which resulted in the overflow of a water basin, and injury to a stock of merchandise belonging to plaintiff’s assignor; the latter being at the time the tenant and occupant of the lower, and defendants the tenants and occupants of the upper, portion of the same building.
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Appeal from first district court. Action by Patrick H. 'Curran against Nathan Weiss and others to recover damages for the negligence of defendants, or their servants, which resulted in the overflow of a water basin, and injury to a stock of merchandise belonging to plaintiff’s assignor; the latter being at the time the tenant and occupant of the lower, and defendants the tenants and occupants of the upper, portion of the same building. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtBischoff, J.
The facts of the overflow and leakage of water from defendants’ premises to those of plaintiff’s assignor, and damage to the latter’s stock of merchandise, abundantly appear from the evidence, and were conceded on the trial. Likewise, it appeared on the trial that the overflow was the direct result of the want of repair of an automatically closing faucet attached to the basin, and by means of which it was supplied with water, and the omission to remove the stopple from the gap of the basin. These last-mentioned facts unequivocally established negligence on the part of the defendants, or their…
2Cases cited3 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Moore v. . GoedelNew York Court of Appeals · 1866
- Anselment v. DaniellNew York Court of Common Pleas · 1893
3Cited by4 opinions
- Chicago Telephone Co. v. Commercial Union Assurance Co. of LondonAppellate Court of Illinois · 1907
- Moroder v. FoxWisconsin Supreme Court · 1914
- Wetterer v. SoubirousAppellate Terms of the Supreme Court of New York · 1898
- Caserta v. Town & Country House & Home Service, Inc.Nassau County District Court · 1961