Spencer v. McManus
New York Supreme Court
Appeal from Albany county court. Action by Clifford A. Spencer against Peter J. McManus to recover damages for alleged negligence of defendant in allowing water to leak through, the floor of premises occupied by defendant, whereby plaintiff’s goods were injured. Prom a judgment of the county court reversing, without opinion, a judgment of the city court of Albany (27 N. Y. Supp. 896), plaintiff appeals.
1Per curiam
The dictum in Moore v. Goedel, 34 N. Y. 527, that, if the defendant had been in the exclusive possession of the place from which the overflow came, “it would probably have been sufficient prima facie to have proved the injury and where the overflow occurred,” was doubted in Harris v. Perry, 89 N. Y. 308-314, the court saying in reference to the above-quoted sentence: “That remark goes far enough, for it may at least be doubted whether the mere fact that an injury occurs on premises under the control and in the possession of a party raises any presumption of wrong against him.” Assuming,…
2Cases cited3 opinions
- Moore v. . GoedelNew York Court of Appeals · 1866
- Harris v. . PerryNew York Court of Appeals · 1882
- Stevens v. . SquiresNew York Court of Appeals · 1852
3Cited by6 opinions
- Aschenbach v. KeeneAppellate Terms of the Supreme Court of New York · 1905
- Fitzgerald v. GoldsteinAppellate Terms of the Supreme Court of New York · 1907
- Becker v. BullowaAppellate Terms of the Supreme Court of New York · 1901
- Hurl v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Mudge v. West End Brewing Co.New York Supreme Court · 1910
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