New York Court of Appeals

Henry Jutte, Appellant v. William J. Hughes, Respondent

November 14, 187667 N.Y. 267

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that evidence of loss of rent, rental value, plumbing expenses, and stench were admissible damages, that a complaint need not specially aver such damages when they naturally flow from the injury, and that the defendant remains liable even if he took reasonable drainage measures but allowed water to accumulate on his premises and flow onto the plaintiff.