New York Court of Appeals
Edwin F. Babbage Appellant v. Daniel W. Powers, Respondent
December 8, 1891130 N.Y. 281
Summary
The Court affirmed the nonsuit, holding that the long, unchallenged existence of a vault under a public sidewalk implied municipal consent, converting the defendant's liability from strict nuisance liability to ordinary negligence, and finding that the plaintiff failed to prove negligence.