Mairs v. Manhattan Real Estate Ass'n
The Superior Court of New York City
Appeal by defendant from a judgment in favor of plaintiffs, entered upon a verdict of a jury in May, 1878, for $7,525. The action was brought by the plaintiffs’ assignors, F. S. Weeks & Co., for damages to their stock of goods, consisting of paper-hangings, occasioned by the flooding of their cellar, in consequence of the alleged fault of the defendants, in July and August, 1873. Since the action was begun, F. S. Weeks & Co. have become bankrupts, and the present plaintiffs…
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Appeal by defendant from a judgment in favor of plaintiffs, entered upon a verdict of a jury in May, 1878, for $7,525. The action was brought by the plaintiffs’ assignors, F. S. Weeks & Co., for damages to their stock of goods, consisting of paper-hangings, occasioned by the flooding of their cellar, in consequence of the alleged fault of the defendants, in July and August, 1873. Since the action was begun, F. S. Weeks & Co. have become bankrupts, and the present plaintiffs have been substituted it their stead.* F. S. Weeks & Co., in July and August, 1873, were the occupants of the building…
1Opinion of the Court
By the Court.—Horace Russell, J.
The theory of the learned judge who presided at the trial seems to have been that inasmuch as the defendants removed the sidewalk, curb and gutter—the natural conduit by which surface waters were carried off—they were bound to protect the plaintiffs’ assignors in some other way against such surface waters, and failing to do so, were liable for any damages resulting from their act. There is abundant authority for that proposition (Dygert v. Schenck, 23 Wend. 446; Jutte v. Hughes, 67 N. Y. 267; Farrand v. Marshall, 21 Barb 409; Congreve v. Morgan, 18 N. Y. 84;…
2Cases cited12 opinions
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Jutte v. . HughesNew York Court of Appeals · 1876
- Congreve v. . MorganNew York Court of Appeals · 1858
- Bellows v. SackettNew York Supreme Court · 1853
- Parrott v. . Knickerbocker and N.Y. Ice Cos.New York Court of Appeals · 1871
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