Froelich v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first "judicial department, entered December 30, 1908, affirming a judgment in favor, of defendants entered upon a dismissal of the complaint by the court at a 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 of the Appellate Division of the Supreme Court in the first "judicial department, entered December 30, 1908, affirming a judgment in favor, of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Assuming that the record contained facts upon which defendant, the City of New York, might advance its defense as set forth in its answer, the plaintiff would still be entitled to go to the jury upon the questions of fact raised. (Adlin v. E. B. Co., 129 App.…
1Opinion of the CourtWerner, J.
On the 19th day of February, 1904, the plain till was the janitor of a building, in the basement of which he occupied an apartment, near the intersection of Broadway and West 92nd street in the borough of Manhattan, New York city. Early in the morning of that day his domicile was flooded by the bursting of a water main belonging to the city, and his household goods were damaged. Thereafter he brought this action to recover his loss. At Trial Term there was a nonsuit, which was affirmed at the Appellate Division by a divided court. '
The few precedent circumstances which bear upon the accident…
2Cases cited1 opinion
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
3Cited by8 opinions
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- George Foltis, Inc. v. City of New YorkNew York Supreme Court · 1940
- Seide v. StateNew York Court of Claims · 1959
- General Ice Cream Corp. v. StateNew York Court of Claims · 1950
- Claim of Draper v. TrumbleNew York Surrogate's Court · 1911
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