Martin v. Coleman
New York Court of Common Pleas
Appeal from city court, general term. Action by Hubert W. Martin against Mary E. Coleman. From a judgment of the city court (34 H. Y. Supp. 1143) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
In an action for damages from an overflow of water on defendant’s premises, the questions are whether the evidence sufficed to authorize the jury to find that the injury was the. effect of the defendant’s negligence, and whether, by due objection and exception, she shows error in the proof of damages.
Beyond doubt the plaintiff presented a prima facie case of injury from defendant’s negligence. The escape of the water from premises of which she was in the exclusive occupancy and control, of itself, raised an inference of negligence against her. Moore v. Goedel, 34 N. Y. 527, 532; Breen v.…
2Cases cited5 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Pontius v. . People of the State of New YorkNew York Court of Appeals · 1880
- Moore v. . GoedelNew York Court of Appeals · 1866
- Morehouse v. . MathewsNew York Court of Appeals · 1849
- Clark v. SmithNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Pignatario v. MeyersSupreme Court of Connecticut · 1924