Stubbs v. City of Rochester – Case Brief
Stubbs v. City of Rochester, 226 N.Y. 516, 124 N.E. 137 (1919).
Facts: The City of Rochester (D) supplied clean water for drinking, and water known to be contaminated with sewage for fighting fires. The drinking water became contaminated with the unclean water through Rochester’s negligence. At the same time the city increased an increase in cases of typhoid fever. Stubbs (P) contracted typhoid fever and sued D for negligence. The trial court entered a nonsuit for D, which was affirmed by the Appellate Division, and P appealed.
Issue: If more than one possible causes of harm exist, and the defendant would be liable for one of them, what must the plaintiff show in order to recover?
Holding and Rule: If more than one possible causes of harm exist, and the defendant would be liable for one of them, the plaintiff must establish with reasonable certainty that the cause of the injury was the one for which the defendant was liable.
A plaintiff is not required to eliminate all other possible sources. It would be impossible to prove the time when P contracted typhoid, and then locate every individual who had contact with P to establish that each was free from the disease. P gave evidence of his habits, his home surroundings, and his method of living, and medical testimony indicated that his illness was caused by drinking contaminated water. The court held that this case was not so lacking in proof as a matter of law that the complaint should have been dismissed.
Disposition: Reversed, new trial granted.
Kingston v. Chicago & N.W. Ry.