Buddin v. Fortunato
New York Court of Common Pleas
Appeal from eleventh district court. Action by Theodore Buddin against Maicho Fortunato. There was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBookstaver, J.
The action was brought to recover damages to plaintiff’s property caused by alleged negligence in blasting. On the trial it was proved that the defendant had entered into a contract with the city of New York to do certain work which involved the necessity of blasting in Ninety-First street, in the vicinity of plaintiff’s premises. By the terms of this contract, he was precluded from subletting any part of it except by a consent in writing on the part of the city indorsed on the contract. No actual negligence or want of skill on the part of the defendant was proved, and his counsel moved to…
2Cases cited6 opinions
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Witty v. . MatthewsNew York Court of Appeals · 1873
- St. Peter v. . DenisonNew York Court of Appeals · 1874
- Howard v. DoolittleThe Superior Court of New York City · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Abrahamovitz v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1907
- Brennan v. SchreinerThe Superior Court of the City of New York and Buffalo · 1892
- Rotter v. GoerltizNew York Court of Common Pleas · 1891