Dennis McCarthy, Respondents v. the City of Syracuse, Appellant

Summary

The Court affirmed the judgment, holding that the City of Syracuse was liable for damages caused by a sewer obstruction despite lacking notice, because its ministerial duty to keep sewers in repair requires reasonable watchfulness; the city was not liable for failing to construct a sewer of sufficient capacity, a judicial duty; and the plaintiffs' excavation beneath the sidewalk was lawful and did not preclude recovery.