Rehrey v. City of Newburgh — 60 N.Y. St. Rep. 250

Majority

p. 250

George Rehrey, App’lt, v. City of Newburgh, Resp’t.

(Supreme Court, General Term, Second Department,

Filed May 14, 1894.)

Headnote

Municipal Corporations—Sidewalks.

In the absence of negligence, the plan of construction of a sidewalk, whereby water flows over and freezes upon it, does not constitute a nuisance for which the city is liable,

Appeal from a judgment in favor of defendant.

William D. Dickey, for app’lt; C. L. Waring, for resp’t.

It is perfectly clear that this case cannot be reversed upon the ground that there was any question of negligence that ought to have been submitted to the jury. Indeed, the appellant does not claim that any negligence on the part of the city was proved, but he claims that the construction of the sidewalk as constructed constituted a nuisance for which the defendant was liable. This contention has never had any foundation in reason or law. Such a claim would impose upon every city that constructed a sidewalk to make it level from one end to the other. But it is unnecessary to state any reason for the affirmance of the judgment herein further than to say that it falls under the principle decided in the case of Urquhart v. City of Ogdensburg, 91 N. Y. 67 .

Judgment affirmed, with costs.

Cases cited

Urquhart v. City of Ogdensburg 91 N. Y. 67 N.Y. 1883-01-16 p. 250