Messersmith v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Buffalo, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the. 29tli day of June, 1909, upon the report of a referee duly appointed to hear, try and determine the issues.
Read the full summary
Appeal by the defendant, The City of Buffalo, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the. 29tli day of June, 1909, upon the report of a referee duly appointed to hear, try and determine the issues. The action was commenced on the 6tll day of Septembér, 1902, to recover damages sustained by the plaintiff because of the bursting of one of defendant’s water mains, which caused the flooding of plaintiff’s premises, which occurred on the 8th day of March, 1902. The plaintiff, claims that the water main broke…
1Opinion of the Court
McLennan, P. J.: -
The water main in which the break occurred and which occasioned the damages for which the plaintiff seeks to recover was laid *428in Michigan street abone the year 1860. On or about the 26th day of December, 1901, application was made to the water department of the city of Buffalo by a resident to put a connection into such main consisting of a two-inch pipe in order to supply such resident with water. The applicant was to pay the city for making the connection, and that being arranged for, the main was uncovered and ■ the connection asked for made. It was made by the employees…
2Cases cited3 opinions
- Jenney v. . City of BrooklynNew York Court of Appeals · 1890
- Dunstan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Gordon v. . Village of Silver CreekNew York Court of Appeals · 1909
3Cited by4 opinions
- Oakes Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Von Lengerke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Simon v. City of New YorkAppellate Terms of the Supreme Court of New York · 1913
- McCabe v. Village of WatervilleAppellate Division of the Supreme Court of the State of New York · 1939