Danaher v. City of Brooklyn
New York Supreme Court
Appeal from circuit court, Kings county. Action by John Danaher, as administrator, etc., of Thomas P. Danaher, deceased, against the city of Brooklyn, to recover damages for the death of the intestate, caused, as alleged, by drinking the impure water of a public well in said city. At the close of plaintiff’s evidence the court dismissed the complaint, and plaintiff appeals.
1Opinion of the CourtPratt, J.
We have failed to And anything in the evidence which was received, or that offered, if it had been admitted, which would justify a finding of negligence in this case against the city. Before applying the legal principles which seem to us to govern the case, let us endeavor to get a clear view of the facts upon which plaintiff’s theory is founded. It is alleged, in substance, that plaintiff’s intestate became sick and died because he liad been drinking water from one of the public wells which the city had established in one of its streets, and in which it had placed a pump for public use. The…
2Cases cited11 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Hollenbeck v. County of WinnebagoIllinois Supreme Court · 1880
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Ogg v. City of LansingSupreme Court of Iowa · 1872
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
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3Cited by9 opinions
- Moffitt v. . AshevilleSupreme Court of North Carolina · 1889
- Moffitt v. City of AshevilleSupreme Court of North Carolina · 1889
- Campbell v. City of HelenaMontana Supreme Court · 1932
- Howland v. City of AshevilleSupreme Court of North Carolina · 1917
- Safransky v. City of HelenaMontana Supreme Court · 1935
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