Legal Opinion

Fordham v. . Gouverneur Village

New York Court of Appeals

Decided November 21, 1899PublishedCited by 19 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1897, affirming a judgment in favor of defendant entered upon a nonsuit. The nature of the action and the facts, so far as' material, are stated in the opinion. The village was responsible for the acts of the board of water commissioners.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1897, affirming a judgment in favor of defendant entered upon a nonsuit. The nature of the action and the facts, so far as' material, are stated in the opinion. The village was responsible for the acts of the board of water commissioners. (Wilson v. City of Troy, 60 Hun, 183; Pettengill v. Yonkers, 116 N. Y. 558 ; Fleming v. Vil. of Suspension Bridge, 92 N. Y. 368; Brusso v. City of Buffalo, 90 N. Y. 679; Deyoe v. Vil. of Saratoga Springs, 1 Hun, 341; Bailey v. Mayor, etc.…

1Opinion of the CourtHaight, J.

This action was brought to recover damages ■for the death of Adell M. Fordham, which was caused, as is claimed, by the negligence of the defendant.

The defendant is a municipal corporation, situated upon both sides of the Oswegatchie river, which is crossed by a bridge connecting the principal streets of the village. At the time of the accident in question it was engaged, through its water commissioners, in laying a water pipe across the river under the sidewalk of the bridge. In order to accomplish this work a number of holes, ten or twelve feet apart, were cut through the planks of the…

2Cases cited2 opinions

  1. Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
  2. People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889

3Cited by19 opinions

  1. Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
  2. Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
  3. Butler v. . Village of OxfordNew York Court of Appeals · 1906
  4. Terry v. . Village of PerryNew York Court of Appeals · 1910
  5. Snowden v. . Town of SomersetNew York Court of Appeals · 1902

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