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The City of Rochester (D) supplied Hemlock system water for drinking and Holly water, which was known to be contaminated by sewage, for firefighting. Through D's negligence, the Hemlock water became contaminated by the Holly water. Stubbs (P) and 57 others suffered from typhoid fever and attributed it to D's negligence. P was employed in a factory one block away from the Brown Street Bridge in which Hemlock water was the only supply of water. The water drawn from this area was described as roily and of unusual appearance. The Holly water system was confined to the main business part of the City. P and others sued the City for the negligence. The trial judge granted a nonsuit, which was affirmed by the Appellate Division.

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