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.