Murphy v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of tlie General Term of the Oity Court of Brooklyn, entered upon an order affirming a judgment of said court entered upon the dismissal of the complaint. This action was brought to recover damages for the death of John Murphy, plaintiff’s intestate, alleged to have been caused by defendant’s negligence.
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Appeal from judgment of tlie General Term of the Oity Court of Brooklyn, entered upon an order affirming a judgment of said court entered upon the dismissal of the complaint. This action was brought to recover damages for the death of John Murphy, plaintiff’s intestate, alleged to have been caused by defendant’s negligence. About 1869 there was built a sewer through Third avenue in the city of Brooklyn as far as Twenty-eight street; thence-at a right angle and in a northerly direction into Growanus bay. From Third avenue into the bay the sewer did not run through or along a street, but…
1Opinion of the CourtParker, J.
There is no injury, in a legal sense, which can give a right of action unless it is occasioned by a violation of some duty owing to the injured.
The plaintiff claims .that the defendant must be chargeable with having violated its duty to his intestate and the public upon one of two grounds:
First. Because it had constructed and was maintaining a nuisance. Second. That it was negligent in permitting the hole to remain.
From Third avenue out into the bay the sewer ran through either private property or that of the state.
It does not appear but that it was constructed with the consent of both the…
2Cases cited2 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Murphy v. . City of BrooklynNew York Court of Appeals · 1885
3Cited by17 opinions
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
- Ritz v. City of WheelingWest Virginia Supreme Court · 1898
- Massie v. CopelandTexas Supreme Court · 1950
- Cooper v. OvertonTennessee Supreme Court · 1899
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