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Stubbs v. City of Rochester | 124 N.E. 137 (1919)

Can a negligence plaintiff still win if other things could have caused the harm? A factory worker claims he got sick from accidentally drinking sewage in Stubbs versus City of Rochester.

The City of Rochester maintained two separate water systems. One was clean and intended for human consumption, while the other was contaminated with sewage and intended for firefighting. In May nineteen ten, the two systems became intermingled when a valve failed near Brown Street Bridge. Nearby residents complained about the water’s condition. Thomas Stubbs, who worked near the bridge, drank the contaminated water while at work. He soon came down with typhoid fever.

Stubbs sued the City of Rochester for negligence. At trial, evidence was presented that showed typhoid fever could come from drinking contaminated water, but that it also could come from interacting with another person with typhoid, eating raw fruits and vegetables, consuming shellfish, using dirty ice, or even coming into contact with houseflies. Although Stubbs presented nearly sixty witnesses who had drank the contaminated water and contracted typhoid, the trial court granted a nonsuit against Stubbs and dismissed his claim before it went to the jury. The trial court believed that the claim shouldn’t have gone before the jury because Stubbs failed to show that his typhoid couldn’t have come from any other source. Stubbs appealed to the New York Court of Appeals.

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