Jenney 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 June 8, 188!, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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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 June 8, 188!, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Between three and four o’clock of the morning of June 16, 1885, a watchman in the employ of the plaintiffs found that the fire hydrant between the curb stone and the wall of plaintiffs’ works had in some manner been removed, and in its place a stream of water was gushing up,…
1Opinion of the CourtParker, J.
In the construction of the water main and fire ' 9 hydrant the defendant did that which it lawfully might. No-contractual relations existed between it and the plaintiffs, and in the construction and maintenance of water-works, mains and hydrants for the benefit of the municipality, it owed to the plaintiffs no other or further duty than to the other residents of the city.
A municipal corporation does not insure the citizen against damage from works of its construction. Its obligation and duty in such respect is measured by the exercise of reasonable care and vigilance. Liability can only be…
2Cases cited1 opinion
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
3Cited by21 opinions
- De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Bowden v. City of Kansas CitySupreme Court of Kansas · 1904
- City of Richmond v. Hood Rubber Products Co.Supreme Court of Virginia · 1937
- A. J. Brown & Son, Inc. v. City of Grand RapidsMichigan Supreme Court · 1933
- State Journal Printing Co. v. City of MadisonWisconsin Supreme Court · 1912
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