Mayor of New-York v. Bailey
New York Supreme Court
On error from the supreme court. The defendants in error brought an action of trespass on the case in the court below against the corporation of the city of New-York for negligence, in constructing the dam across the Croton river, where that stream is diverted for the purpose of supplying the city of New-York with water, in so unskillful a manner, that on the occasion of a freshet in the river occurring after its erection, the dam was swept away, and the plaintiffs’…
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On error from the supreme court. The defendants in error brought an action of trespass on the case in the court below against the corporation of the city of New-York for negligence, in constructing the dam across the Croton river, where that stream is diverted for the purpose of supplying the city of New-York with water, in so unskillful a manner, that on the occasion of a freshet in the river occurring after its erection, the dam was swept away, and the plaintiffs’ buildings and property situated below on the stream were carried off and destroyed by the passing down of the water which had…
1Opinion of the Court
The Chancellor.
Although it was once doubted whether an action of trespass, or trover, or an action on the case for malfeasance would lie against a corporation, it is now settled in England, as well as in this state that such an action may be maintained against corporations as well as actions upon the case for nonfeasance. (Yarborough v. The Bank of England, 16 East’s Rep. 6; Duncan v. The Surrey Canal, 3 Stark. Rep. 50; Bridge v. The Grand Junction Railway Company, 3 Mees. & Wels. Rep. 244; Marned v. The Monmouthshire *440Navigation Company, 3 Railway Ca. by Munson, Carrow & Oliver, 159;…
2Cases cited8 opinions
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- Kendall v. StokesSupreme Court of the United States · 1845
- Clark v. Mayor, Aldermen, and Common Council of WashingtonSupreme Court of the United States · 1827
3 more not listed; retrieve them via the Exa API.
3Cited by180 opinions
- City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
175 more not listed; retrieve them via the Exa API.