Legal Opinion

Ham v. Mayor of New York

The Superior Court of New York City

Decided June 1, 1874PublishedCited by 1 opinion

Exceptions ordered to be heard at general term. The action was to recover damages for injury to plaintiff’s property by a flow of water. One Henry Mason was the owner of certain premises on the corner of Fourth-street and Lafayette-place.

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Exceptions ordered to be heard at general term. The action was to recover damages for injury to plaintiff’s property by a flow of water. One Henry Mason was the owner of certain premises on the corner of Fourth-street and Lafayette-place. He leased the first floor and basement of said building to the plaintiff, for a term of five years, from May 1, 1869. By an act of the legislature (Laws 1854, ch. 101, § 2, Sub. 11), a body was incorporated, known and designated in the act, as the board of education. It was given all the powers and privileges of a corporation, and was authorized to take and…

1Opinion of the Court

By the Court.—Curtis, J.

The defendant, the corporation of New York, claims that it is not liable for the negligence of the department of public instruction, and that the court erred in charging the jury that it was responsible for such damages, as between the middle of April, '1871, and April 1, 1872, were occasioned by the negligence of the persons employed by the department of public instruction.

The board of education whs created and had certain *467powers conferred on it by acts of the legislature, passed July 3, 1851, June 4, 1853, March 31, 1854, April 15, 1854, April 15, 1863, and April 25,…

2Cases cited3 opinions

  1. Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
  2. Gildersleeve v. Board of EducationNew York Court of Common Pleas · 1863
  3. Hildebrand v. PeopleNew York Court of Appeals · 1874

3Cited by1 opinion

  1. Miller v. Mayor of New YorkNew York Supreme Court · 1875

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