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New York Court of Appeals - 226 N.Y. 516
Tags: Torts, Actual causation
tl;dr:
Plaintiff contracted typhoid fever after drinking Defendant city's contaminated water; Court holds that Plaintiff does not need to disprove other 8 potential causes to establish actual cause.Video Summary
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The plaintiff sued the defendant city for damages due to drinking contaminated water from the defendant's service. The majority opinion supports the plaintiff's claim, as the defendant failed to provide safe drinking water by allowing polluted water to flow into the Hemlock system. The plaintiff became ill with typhoid fever after drinking the contaminated water, and the evidence presented at trial was sufficient for a jury to consider the city's negligence. The central issue is whether the plaintiff presented sufficient evidence to reasonably infer that his illness was caused by drinking contaminated water supplied by the defendant. The defendant argues that the plaintiff's case rests on conjecture, but the facts presented at trial support the claim of negligence. The Hemlock system lacked a check valve, causing the water of the two systems to commingle and be furnished to consumers in that locality as potable waters. The water was found to be seriously contaminated, and the plaintiff suffered damages as a result.
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