Legal Opinion

Graves v. City of Olean

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1901PublishedCited by 1 opinion

Appeal by the plaintiff, Mary M. Graves, from a judgment of the Supreme Court in favor of the defendant, entered iñ the office of the clerk of the county of Cattaraugus on the 18th day of February, 1901, upon the report of a referee dismissing the plaintiff’s complaint.

1Opinion of the Court

*599The following is the opinion of W. G. Laidlaw, referee:

W. G. Laidlaw, Referee:

This is an action at law brought by the plaintiff to recover damages against the city of Olean, in consequence of the contents of a sewer constructed by the city escaping into her cellar, by which she sustained damages.

There is little or no dispute about the facts. The plaintiff is the lessee of a hotel called the “ Grand Central; ” it is a brick building, three stories high, besides a cellar or basement. Union street is the principal street of the city, and runs north and south. The hotel is situate on the east…

2Cases cited4 opinions

  1. Mills v. . City of BrooklynNew York Court of Appeals · 1865
  2. Seifert v. . City of BrooklynNew York Court of Appeals · 1886
  3. Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
  4. Seifert v. City of BrooklynNew York City Court · 1884

3Cited by1 opinion

  1. Village of Willoughby v. MaloneOhio Supreme Court · 1930

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