Torts Keyed to Franklin
Stubbs v. City of Rochester
Facts
Plaintiff lived and worked in Rochester. Defendant supplied water, providing water from its Hemlock system for drinking and water from its Holly system for firefighting. In September of 1910, Plaintiff contracted typhoid fever and sued Defendant for damages, alleging that the Hemlock and Holly water systems had been negligently permitted to intermingle near the Brown Street Bridge, a block from the factory where he worked. Plaintiff offered highly persuasive evidence that typhoid fever cases near the Bridge had increased dramatically during the end of 1910 and that contaminated water had caused his own illness. Defendant provided evidence that typhoid fever can also be caused by fertilized foods, contact with infected individuals, shelf fish, house flies, and impure ice. The trial judge granted Defendant’s motion for a nonsuit, finding that Plaintiff had failed to prove that his illness did not come from one of these other sources. The court of appeals affirmed, and Plaintiff again appealed, arguing that he did not have the burden to prove that his illness was not caused by any other source.
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