Beyer v. City of New York
Appellate Division of the Supreme Court of the State of New York
' .Appeal by- the .defendant, The City of New York,, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, "in favor óf the plain till, rendered on the 27th day of April, .1910.
1Opinion of the Court
. JenksJJ.
The Obligation upon the defendant was due care do prevent the overflow of the' sewer through the house connection of plaintiff’s' premises. The.evidence, does-.not show that there was fault in the construction-of the sewer, or negligence, either in the. .omission to remove the obstruction which caused the overflow, after notice thereof, actual or constructive, Or in the inspection of the sewer system. The- evidence" indicates that the “'backing -up” óf the, sewage was caused by a stoppage- of sticks used by children when. in the street at play in the game of tip cat. It does not…
2Cases cited1 opinion
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by5 opinions
- Pet Products, Inc. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
- Gibson v. StateNew York Court of Claims · 1946
- Sgarlata v. City of SchenectadyNew York Supreme Court · 1974
- Sotel v. City of New YorkNew York Supreme Court · 1913
- Stack v. City of New YorkCity of New York Municipal Court · 1929