Gravey v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of May, 1906, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Jenks, J.:
The action for negligence .was tried at Trial Term without’a jury. The court found that the defendant, a municipal corporation, maintained a sewer in front of the plaintiff’s premises and adjacent to them, and that ■ owing to the negligence and carelessness of the *774defendant in maintaining the sewer and other sewers in connection,, water.and sewage flowed upon the plaintiff’s premises to his damage, It seems that the sewer was constructed above the ground. The ■ plaintiff gave testimony that there was -a break in the sewer and that the flooding was in consequence thereof. In McCarthy…
2Cases cited7 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Nims v. . Mayor, Etc., of the City of TroyNew York Court of Appeals · 1875
- Jenney v. . City of BrooklynNew York Court of Appeals · 1890
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3Cited by9 opinions
- Freitag v. City of MontelloWisconsin Supreme Court · 1967
- Henry Clay v. Jersey CityNew Jersey Superior Court Appellate Division · 1962
- Dunn v. Boise CityIdaho Supreme Court · 1929
- Judas v. City of New YorkAppellate Terms of the Supreme Court of New York · 1907
- Higginson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
4 more not listed; retrieve them via the Exa API.