Becker v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to recover for losses suffered on account of mistakes in grades furnished the contractor by the city surveyor.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is not entitled to recover for losses suffered on account of mistakes in grades furnished the contractor by the city surveyor. (Cluff v. Day, 141 N. Y. 580; Roberts & Co. v. Buckley, 145 N. Y. 215; Matter of Laudy, 161 N. Y. 429; Wickham v. L. V. R. R.…
1Opinion of the CourtHaight, J.
The plaintiff’s testator was the assignee of the claim of one Benjamin J. Carr, Jr., and brings this action to recover the damages suffered by him arising out of his contract with the defendant for regulating and grading Claremont avenue from One Hundred and Twenty-second street to One Hundred and Twenty-seventh street in the city of Hew York. In our review of the case it becomes necessary to discuss but one of the various claims in controversy between the parties, and that arises out of the second count in the complaint, in which damages are asked for the errors of the city surveyor in…
2Cases cited6 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
- Woodruff v. . Roch. Pitts. R.R. Co.New York Court of Appeals · 1888
- Fitzgerald v. . MoranNew York Court of Appeals · 1894
- City of Terre Haute v. LakeIndiana Supreme Court · 1873
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3Cited by2 opinions
- Langley v. . RoussNew York Court of Appeals · 1906
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905