Peter Tremblay, Respondent v. the Harmony Mills, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division's judgment, holding that the defendant was liable for creating a dangerous icy condition on the public sidewalk by negligently maintaining a water leader that discharged onto the walk, and that the trial judge's jury instruction was correct. Justice Gray dissented, arguing that municipal duty, not private liability, governs such hazards and that the judgment should be reversed.