Murphy v. . City of Yonkers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 5, 1909, affirming a judgment entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was not liable under the contract or bond for the costs and expenses of the appeal in the Crowther case.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 5, 1909, affirming a judgment entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was not liable under the contract or bond for the costs and expenses of the appeal in the Crowther case. (Winters v. Judd, 59 Hun, 32; Mayor, etc., of New York v. Brady, 151 N. Y. 611; Village of Port Jervis v. First Nat. Bank, 96 N. Y. 559; Ottumwa v. Parks, 43 Iowa, 119; Cornell v. Travelers’ Ins. Co., 175 N. Y. 253.)…
1Opinion of the CourtHiscock, J.
This appeal presents the question whether a person cast in damages because of the negligence of another who has indemnified him against such negligence may recover over from the indemnitor as part of his damages the costs of an unsuccessful appeal taken without the latter’s authority.
The respondent made a contract with the appellant to do certain work which necessitated excavations in the street, and the latter expressly agreed that he would properly guard said excavations and indemnify the respondent against any damages which it might suffer by reason of his failure so to do. The respondent…
2Cases cited9 opinions
- Inhabitants of Westfield v. MayoMassachusetts Supreme Judicial Court · 1877
- Astoria v. Astoria & Columbia River R.Oregon Supreme Court · 1913
- Chesapeake & Ohio Canal Co. v. County CommissionersCourt of Appeals of Maryland · 1881
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Town of Waterbury v. Waterbury Traction Co.Supreme Court of Connecticut · 1901
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3Cited by13 opinions
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- John Wanamaker, New York, Inc. v. Otis Elevator Co.New York Court of Appeals · 1920
- Orth v. Consumers Gas Co.Supreme Court of Pennsylvania · 1924
- Katherine Hessler, D.B.A. Dayton Hessler Company v. The Hillwood Manufacturing CompanyCourt of Appeals for the Sixth Circuit · 1962
- Frank R. Jelleff, Inc. v. Pollak Bros., IncorporatedDistrict Court, N.D. Indiana · 1957
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