George A. Vogel, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

Summary

The New York Court of Appeals reversed the nonsuit and held the City of New York liable for damage to the plaintiff's property caused by water diverted onto his lots as a result of excavations made under a contract with an independent contractor. The Court reasoned that the city retained the power to direct and complete the work and therefore assumed responsibility for the resulting nuisance. The decision affirms that a municipality may be liable for a nuisance created by a contractor when it accepts the work and has the authority to control it.