STUBBS V. CITY OF ROCHESTER
226 N.Y. 516, 124 N.E. 137 (1919)
NATURE OF THE CASE: This is an action to recover where the cause in fact is not certain.
Stubbs (P) appealed an affirmation of a directed verdict in favor of City (D) in P's suit
recover damages alleged to have been sustained due to drinking contaminated water from the
city's domestic service.
FACTS: The City of Rochester (D) supplied Hemlock system water for drinking and Holly
water, which was known to be contaminated by sewage, for firefighting. Through D's
negligence, the Hemlock water became contaminated by the Holly water. Stubbs (P) and 57
others suffered from typhoid fever and attributed it to D's negligence. P was employed in a
factory one block away from the Brown Street Bridge in which Hemlock water was the only
supply of water. The water drawn from this area was described as roily and of unusual
appearance. The Holly water system was confined to the main business part of the City. P and
others sued the City for the negligence. The trial judge granted a nonsuit, which was
affirmed by the Appellate Division.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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