Higginson v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 10th day of January, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 10th day of January, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes. Sometime between nine a. m. and ten a. m. on July 8, 1912, the hydrant of the high pressure water service on the west side of Furman street, about 190 feet north of Joralemon street, burst, so as to flood two vacant lots somewhat…
1Per curiam
The verdict for the plaintiffs followed a charge which was quite as favorable to the city -as the facts justified. The escape of water from this hydrant was at such pressure and volume that it covered an area of 14,000 square feet to a considerable depth, so that it came above the lower sills of the warehouse windows. The hydrant was found broken far below the ground, where it was not subject to surface shocks. There was no evidence as to the nature of this break, whether an old fracture, or of recent appearance. The broken hydrant — itself the chief evidence of the true cause of the injury —…
2Cases cited2 opinions
- Jenney v. . City of BrooklynNew York Court of Appeals · 1890
- Gravey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- George Foltis, Inc. v. City of New YorkNew York Supreme Court · 1940