Stubbs v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The City of Rochester, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff for $475, rendered after a trial at the Monroe Trial Term in January, 1913. After the commencement of the argument in the Appellate Division the defendant was permitted to withdraw the record and an order was made by the justice who tried the case denying…
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Motion by the defendant, The City of Rochester, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff for $475, rendered after a trial at the Monroe Trial Term in January, 1913. After the commencement of the argument in the Appellate Division the defendant was permitted to withdraw the record and an order was made by the justice who tried the case denying the defendant’s motion for a new trial, and an appeal was taken from said order and the argument of that appeal proceeded…
1Opinion of the Court
Foote, J.:
On the 6th day of September, 1910, plaintiff became so ill as to be confined to his bed with a disease soon diagnosed to be typhoid fever. He had been ailing for about one week before. His illness ran the usual course of that disease and he recovered in about six weeks.
*247He has recovered a verdict on the theory that he contracted the disease from the defendant city’s domestic water supply of which he drank daily at his place of employment, and that it had become polluted with sewage containing the particular germ or bacillus which produces that disease through the negligence of the…
2Cited by4 opinions
- Stubbs v. . City of RochesterNew York Court of Appeals · 1919
- Copeland v. F. W. Woolworth Co.Appellate Terms of the Supreme Court of New York · 1946
- Georgia Power & Light Co. v. BaxterCourt of Appeals of Georgia · 1933
- Healy v. Hallenbeck-Hungerford Realty Co.Appellate Division of the Supreme Court of the State of New York · 1919