Talcott v. City of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, J ames Talcott, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court after a trial at the Yew York Trial Term on the 23d day of October, 1900.
1Opinion of the Court
Ingraham, J,:
The action was brought to recover the damages sustained by the plaintiff in consequence of an obstruction in a public sewer which resulted in the overflow of the plaintiff’s premises causing damage. There is no claim that the sewer was improperly constructed, but it is alleged that the sewer became obstructed, and that in consequence thereof the sewerage backed up into the plaintiff’s premises. It appeared that on the afternoon of March 23, 1897, the cellar of the plaintiff’s premises, Yo. 83 Yandam street, in the city of Yew York, became flooded with water six or seven inches…
2Cases cited8 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- Jenney v. . City of BrooklynNew York Court of Appeals · 1890
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3Cited by7 opinions
- Freitag v. City of MontelloWisconsin Supreme Court · 1967
- Rotella v. McGovernSupreme Court of Rhode Island · 1972
- Ballantyne v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Pickersgill v. City of New YorkCivil Court of the City of New York · 1996
- Sgarlata v. City of SchenectadyNew York Supreme Court · 1974
2 more not listed; retrieve them via the Exa API.