Legal Opinion

Clarke v. Anderson

City of New York Municipal Court

Decided February 15, 1885Published

The action was to recover damages for injuries done to certain goods in which the plaintiffs had a special property. The damage was caused by an overflow of water said to have been caused by the negligence of the defendants.

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The action was to recover damages for injuries done to certain goods in which the plaintiffs had a special property. The damage was caused by an overflow of water said to have been caused by the negligence of the defendants. The facts are substantially these: The plaintiffs occupied the sub-cellar of the building No. 68 Reade street, in the City of New York, for the storage of merino and woolen undershirts and drawers which were consigned to them for sale on commission, and on which they had made advances. The basement and ground floor were occupied by the Dixon Crucible Co., who were the…

1Opinion of the Court

McAdam, Ch. J.

- The defendants are not liable for the injury complained of, unless it ,was caused by their negligence, or in .other words, unless the evidence proves that the defendants neglected some duty owing to the plaintiffs, or failed to exercise that.care, in the management of the water apparatus on their floor, which an ordinarily piudent man would have observed under like circumstances.

The charge of negligence against the .defendants seems to be founded on their omission to turn off the stop-cock on their floor, on the evening preceding the overflow, but this, omission, in view of…

2Cases cited3 opinions

  1. Moore v. . GoedelNew York Court of Appeals · 1866
  2. Harris v. . PerryNew York Court of Appeals · 1882
  3. Moore v. GoedelThe Superior Court of New York City · 1861

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