Danaher v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 11, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at circuit.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 11, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at circuit. This action was brought to recover damages for the death of Thomas P. Danaher, plaintiff’s intestate, alleged to have been caused by drinking from a public well belonging to the defendant, the water from which was poisonous and unwholesome. The deceased died August 24, 1882, from typhoid dysentery. The material facts are stated in the opinion. The…
1Opinion of the CourtEarl, J.
We entertain no doubt that this well in DeKalb avenue was a public well belonging to the defendant and under its control, and that the water of the well was in August, 1882, unwholesome and dangerous to the health of such persons as should drink thereof; and we will assume (although we would hold so with some hesitation), that the death of plaintiff’s intestate was caused by drinking of the water; and yet we think the plaintiff was properly nonsuited at the trial.
There is no claim that the well or pump was improperly-constructed, or out of repair, or that the water became unwholesome from any…
2Cases cited5 opinions
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- Brown & Bros. v. IlliusSupreme Court of Connecticut · 1858
3Cited by11 opinions
- Canavan v. . City of MechanicvilleNew York Court of Appeals · 1920
- Miller v. City of DetroitMichigan Supreme Court · 1909
- In re KennyNew York Supreme Court · 1898
- Hayes v. Torrington Water Co.Supreme Court of Connecticut · 1914
- McGarey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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