Ebbets 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 judg- ' ment of the Municipal Court of the city .of New York, borough of Brooklyn, in favor of the plaintiffs, entered in the office of the clerk ■ of said court on the 17 th day of March, 1905.. - .
1Opinion of the Court
Miller, J.:
The plaintiffs have recovered a judgment for-injuries to property ' .resulting from the flooding of their cellar caused by water backing up from the sewer through the house connections and into the cel*365lar through open drains imbedded in the floor and supplied with traps to prevent the entrance of- foul air, but not of water, although traps which would have made the entrance of water impossible were practicable and in use. It does not clearly appear what the relative levels of the sewer and the drains were, but it is fairly inferable that the drains were nearly on a level with the…
2Cases cited7 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Byrnes v. . City of CohoesNew York Court of Appeals · 1876
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- Gibson v. StateNew York Court of Claims · 1946
- Judas v. City of New YorkAppellate Terms of the Supreme Court of New York · 1907
- Holzhausen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
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