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Torts Keyed to Christie
Stubbs v. City of Rochester
Citation:226 N.Y. 516, 124 N.E. 137 (1919)
In May 1910, the City of Rochester’s (Defendant) two water systems, meant for drinking and firefighting, intermingled near the Brown Street Bridge and became contaminated. Stubbs (Plaintiff) worked near the Brown Street Bridge and would drink from this water source. The Plaintiff became ill with typhoid fever in September 1910. The Defendant confirmed in October 1910 that the water system was contaminated. The Plaintiff sued the Defendant for negligence. The Plaintiff’s case was supported by evidence from multiple experts who confirmed the water was contaminated that opined that this was the course of the Plaintiff’s illness, fifty-eight witnesses that similarly drank from that source and also contracted typhoid fever, and evidence that he only drank water supplied by the Defendant in the months surrounding his illness. The Defendant argued that at least seven other causes of typhoid fever existed which the Plaintiff had not eliminated as the actual cause of his illness.
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