Rudolphy v. Fuchs
New York Court of Common Pleas
1Opinion of the CourtDaly, C. J.
The jury was properly instructed in respect to the law, and it was for them to determine how the injury arose. They were warranted by the defendants evidence, in finding that the pump on the third .story was out of order. The defendants witness, an expert, the plumber, was of the opinion that the water came through the packing box of the pump. He testified that each pump upon the top has a piston rod, and that the packing is made of tallow and cotton, that sometimes the packing gets worn out, and that the croton water, where that is the case, will force itself out at night, as at night it…
2Cited by3 opinions
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Brown v. ElliottNew York Court of Common Pleas · 1872
- M. M. Inman & Co. v. PotterSupreme Court of Rhode Island · 1892