Stallman v. New York Steam Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-, The N.ew York Steam Company, from-a. judgment of the Supreme Court in favor of "the plaintiffs,- entered in the office of the clerk of the county of New York on thelOth day of December, .1896,-upon the verdict of a jury, and also from ah order entered in said clerk’s office on the 8th day "of December, 1896, denying the defendant’s motion for a new trial‘-made upon the minutes. - The action was .brought, to recover damages to -the plaintiffs’ goods…
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Appeal by the defendant-, The N.ew York Steam Company, from-a. judgment of the Supreme Court in favor of "the plaintiffs,- entered in the office of the clerk of the county of New York on thelOth day of December, .1896,-upon the verdict of a jury, and also from ah order entered in said clerk’s office on the 8th day "of December, 1896, denying the defendant’s motion for a new trial‘-made upon the minutes. - The action was .brought, to recover damages to -the plaintiffs’ goods from wafer caused,, as "alleged,, by-the negligence o:f the ■defendant in -breaking a water pipe in the street during an…
1Opinion of the Court
O’Brien, J.:
The theory upon which the plaintiffs’ case rests required proof that the excavation complained of was made by the defendant, and so negligently that damage to them resulted therefrom. The damage or its amount is not contested, but the appellant, insists that there is not sufficient proof that it made the excavation, or, if it did, that it failed in any way to exercise due care and caution. On the other hand, the respondents contend that there was sufficient evidence connecting the defendant with the flow of water in and upon the plaintiffs’ premises, and as to the defendant’s…
2Cases cited1 opinion
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
3Cited by3 opinions
- Piehl v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1898
- Piehl v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1898
- Bump v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1899