George Foltis, Inc. v. City of New York

Property in plaintiff’s restaurant at Eighth avenue and Thirty-sixth street, borough of Manhattan, was damaged on April 10, 1938, by water which flowed into the premises from a broken main laid and maintained by defendant in the roadway of *968Eighth avenue about four feet below the surface. In this action to recover compensation therefor, an effort was made to show that defendant was negligent in not shutting off the water with reasonable diligence after notice of the break, but that effort was unsuccessful. Plaintiff’s evidence thus showed no basis of liability on the part of defendant unless…