| Venue: | NY Ct. App. |
| Facts: | Stubbs drank some contaminated water. It had sewage in it because of a problem routing between the potable and non-potable water systems used by the city. There was epidemiological data to suggest that folks were getting typhoid fever from the contamination. |
| Posture: | Dismissed at trial (nonsuit), affirmed on appeal. |
| Issue: | Did the plaintiff produce evidence from which a jury might reasonably draw a conclusion that the contaminated water caused the illness? |
| Holding: | Reversed. Remanded for trial. |
| Rule: | A plaintiff needs to prove that the defendant's negligence caused, wholly or in part, the injury for which recovery is sought. |
| Reasoning: | This rule should not be totally inflexible, however. If there are multiple possible causes, and the plaintiff pleads facts that would establish causation "with reasonable certainty," that complies with the spirit of the rule, and it's worth giving the case to a jury. |
| Dicta: | |