Korn v. Weir
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Abraham Korn against Levi C. Weir, as president, etc. From a Municipal Court judgment in favor of defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtScott, J.
The complaint was rightly dismissed. The building being erected for the use of the express company of which defendant is president was under construction by an independent contractor, and all the damage said to have been done to plaintiff’s building was so done by the workmen of the contractor. For these acts the express company was not liable. Ketcham v. Newman, 141 N. Y. 205, 36 N. E. 197, 24 L. R. A. 102. The only item of damage as to which the express company’s liability is even debatable is that based upon the freezing of plaintiff’s water pipes, said to be the result of piercing his…
2Cases cited2 opinions
- Ketcham v. . NewmanNew York Court of Appeals · 1894
- Roemer v. . StrikerNew York Court of Appeals · 1894
3Cited by3 opinions
- Abromovitz v. MarkowitzAppellate Terms of the Supreme Court of New York · 1908
- Epstein v. CohenAppellate Terms of the Supreme Court of New York · 1907
- Siegel v. Spear & Co.Appellate Division of the Supreme Court of the State of New York · 1921