The Rochester White Lead Co. v. . the City of Rochester
New York Court of Appeals
The Rochester White Lead Company brought an action on the case against the city of Rochester, to recover damages on account of an injury done to the plaintiffs’ factory and to a quantity of white lead situated therein, occasioned, as alledged, by the negligence of the defendants in the construction of a culvert.
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The Rochester White Lead Company brought an action on the case against the city of Rochester, to recover damages on account of an injury done to the plaintiffs’ factory and to a quantity of white lead situated therein, occasioned, as alledged, by the negligence of the defendants in the construction of a culvert. The case was heard before referees, who reported in the plaintiffs’ favor, for the sum of $1652,56. The supreme court sitting in the seventh district, refused to set aside the report, and rendered judgment thereon. The defendants appealed to this court. A statement of the facts, as…
1Opinion of the CourtTaylor, J.
A preliminary question is, whether all reasonable precaution, against possible or contingent injuries, was taken ; and whether the culvert was built in a manner so skilful, as to shield the corporation of Rochester from the charge of malfeasance in the execution of their duty. In the construction of a work like this, they were bound to exercise that care and prudence which a discreet and cautious individual would‘brought to use, if the whole loss or risk were to be his alone. The counsel for the city contends that as it was larger than the city surveyor thought necessary, there could no blame…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hodge v. GallupCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by53 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
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