New York Court of Appeals
The Rochester White Lead Company v. . the City of Rochester.
July 5, 18503 N.Y. 463
Summary
The New York Court of Appeals affirmed the lower court's judgment, holding that the City of Rochester is liable for damage to the Rochester White Lead Company's property caused by the inadequate culvert it constructed. The court reasoned that the city's ministerial duty to construct sewers required the care of a prudent individual and that municipal immunity does not extend to negligent execution of such duties, even when the city relied on a non‑engineer surveyor.