Steinweg v. Biel

The action .was to recover damages caused to the plaintiff’s property by water coming during the night from the fourth loft of premises Ho. 346 Canal street, in possession of the defendant, into that occupied by the defendant immediately below.

The mere fact of the overflow established no wrong against the defendant. Spencer v. McManus, 82 Hun, 318; Clark v. Anderson, 2 City Ct. Rep. 115, 229; Loeber v. Roberts, 60 N. Y. Super. Ct. 202; 138 N. Y. 606; Bernhard v. Reeves, 33 Pac. Rep. 873. The plaintiff was bound to go further and establish that’ the overflow was caused by some negligence on…