105 N.Y.S. 96 | N.Y. App. Term. | 1907
This case was tried before the court without a jury. The complaint was for damages to personal property, and the answer a general denial. Plaintiff claims that the goods were damaged by the negligence of the defendant in allowing a sewer pipe connecting the premises to remain unsafe, causing the cellar where the goods were stored to become flooded with sewerage.' A careful reading and study of the testimony compel the conclusion that the city of Yew York was not liable, as no negligence was established against it. Yo notice, actual or constructive, of the alleged defective condition of the sewer was shown, nor of any obstruction which the city authorities could remove or relieve after either actual or constructive notice. The case
Present: Gildersleeve, Seabury and Platzek, JJ.
Judgment affirmed, with costs.