Legal Opinion

Smith v. Great South Bay Water Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, Samuel P. Smith, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 4th day of October, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Suffolk Trial Term.

1Opinion of the Court

Woodward, J.:

The complaint, dismissed at the trial, alleged that the defendant, under a contract with the town of Islip, Long Island, constructed a water works system in that town, and erected certain hydrants for *428the extinguishment of tires; that while the defendant was maintaining such system pursuant to said contract, certain buildings belonging to plaintiff’s, assignor, a taxpayer of said town, were destroyed by fire, by reason of the defendant’s failure to keep its fire hydrants in good working order, and-, to have a sufficient head or force of .water for the extinguishment of fires.

The…

2Cases cited4 opinions

  1. Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
  2. McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
  3. Wainwright v. Queens County Water Co.New York Supreme Court · 1894
  4. Buffalo Cement Co. v. McNaughtonNew York Supreme Court · 1895

3Cited by7 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Holloway v. Macon Gas Light & Water Co.Supreme Court of Georgia · 1909
  3. Creedon v. Automatic Voting Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1935
  4. H. R. Moch Co. v. Rensselaer Water Co.New York Supreme Court · 1926
  5. Board of Fire Commissioners v. New York Interurban Water Co.New York Supreme Court · 1920

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