Treadwell v. Mayor of New York
New York Court of Common Pleas
Appeal -by the plaintiff from a judgment entered on a dismissal of the complaint at Trial Term. Hie complaint set forth that David Treadwell, the plaintiff, being a builder, made a lawful contract in writing on the 16th day of June, 1853, with the school officers of the Twelfth "Ward of the city of Aew York, to furnish materials for, and to construct and erect, the carpenter work of a brick school-house, for the said city, to be located in 87th street.
Read the full summary
Appeal -by the plaintiff from a judgment entered on a dismissal of the complaint at Trial Term. Hie complaint set forth that David Treadwell, the plaintiff, being a builder, made a lawful contract in writing on the 16th day of June, 1853, with the school officers of the Twelfth "Ward of the city of Aew York, to furnish materials for, and to construct and erect, the carpenter work of a brick school-house, for the said city, to be located in 87th street. That C. H. Tucker, a mason, on the same day made a' similar contract with the said school officers to furnish and erect the mason work of the…
1Opinion of the Court
By the Court.
Daly, F. J.
If it he conceded that the defendants are the owners of the school-house, still, as they had not and could not have, (Laws of 185l, 747, §§ 23, 24, 7,) any tiling to • do with the employment of Tucker, through whose want of skill or negligence the plaintiff was injured, they are not responsible. “ Where,” says Jewett, J., in Pack v. The Mayor, 4 Seld. 222, “ the party employing has the selection of he party employed, it is reasonable that lie who has made ciit/iee of an unskillful or careless person to execute his orders, *128should be responsible for an injury resulting…
2Cited by5 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Humpton v. P. F. Unterkircher & SonsSupreme Court of Iowa · 1896
- Brown v. City of New YorkNew York Supreme Court · 1900
- Gunnison v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1903
- Miller v. Mayor of New YorkNew York Supreme Court · 1875