Canavan v. . City of Mechanicville
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 19, 1920, which reversed an order of Special Term overruling a demurrer to the second .cause of action set forth in the complaint and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 19, 1920, which reversed an order of Special Term overruling a demurrer to the second .cause of action set forth in the complaint and sustained such demurrer. The following question was certified; “Do the allegations set forth in that portion of the plaintiff’s complaint designated as a separate and second cause of action state facts sufficient to constitute a cause of action? ” The nature of the action and the facts, so far as material, are stated in the…
1DissentElkus, J.
I dissent. The complaint contains two causes of action. The first, which is not demurred to, alleges: That the plaintiff is a resident and householder of the city of Mechanicville, leasing and ..occupying as a dwelling, with his five minor children, the premises No. 613 Chestnut street. The defendant, for two years prior to March 1, 1918, supplied drinking water to plaintiff and his family for a compensation paid to defendant, but was negligent in so supplying water, causing the plaintiff and his children to become ill with typhoid fever.
The second cause -of action alleges the same state of…
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