Simon v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, rendered in favor of plaintiff.
1Opinion of the CourtGuy, J.
This action was brought to recover damages for the flooding of the cellars occupied by plaintiff’s assignor at Nos. 1171-1175 Second avenue, by reason of the bursting of a main pipé of the water supply system. The defense was a general denial.
Plaintiff’s assignor was a furniture dealer on the corner of Sixty-second street and Second avenue; he had been there three years. On January 17, 1912, he found his cellar flooded with six feet of water. At the same time he saw in the middle of Second avenue workmen repairing a broken water pipe, which had flooded the street. Plaintiff saw the water…
2Cases cited3 opinions
- Jenney v. . City of BrooklynNew York Court of Appeals · 1890
- Ettlinger v. City of New YorkAppellate Terms of the Supreme Court of New York · 1908
- Messersmith v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by5 opinions
- City of Richmond v. Hood Rubber Products Co.Supreme Court of Virginia · 1937
- A. J. Brown & Son, Inc. v. City of Grand RapidsMichigan Supreme Court · 1933
- George Foltis, Inc. v. City of New YorkNew York Supreme Court · 1940
- Yearsley v. City of PocatelloIdaho Supreme Court · 1949
- City of Tallapoosa v. GoebelCourt of Appeals of Georgia · 1940