Leahy v. . City of New York
New York Court of Appeals
Appeal from a judgment, entered March 5 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a judgment for defendant upon a dismissal of the complaint at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered March 5 1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a judgment for defendant upon a dismissal of the complaint at the Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. By the flow from the lateral sewers built under contracts let subsequent to the entering into of the contract with the plaintiff, large…
1Opinion of the CourtHaight, J.
This action was brought to recover damages occasioned by the alleged wrongful acts of the defendant in discharging a large quantity of water into an unfinished sewer which the plaintiff was engaged in constructing.
It appears that the city of New York had established a system of sewers for the twenty-third and twenty-fourth wards of the city and had caused a map thereof to be drawn showing the trunk sewer and the lateral sewers designed to empty into it. Thereupon the city entered into a contract with the plaintiff to construct the main sewer, extending through several streets including East…
2Cited by3 opinions
- Morrison & Quinn, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1923
- Estate of ThorndikeCalifornia Court of Appeal · 1979
- People ex rel. McCarren v. DoolingNew York Supreme Court · 1908