Lord Electric Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Oity of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of April, 1913, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 14th day of April, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover a balance alleged to be due and payable for work performed and materials furnished under a contract in writing, bearing date June 18, 1909, for bridge construction work. The amount earned and unpaid on the contract was not controverted, but the city pleaded that plaintiff was guilty of breaches of the contract in failing to take proper precautions to prevent damages by fire and thereby became responsible for causing two fires on the work, resulting in damage to parts of the bridge not constructed by plaintiff; *345and that plaintiff failed to repair…
2Cited by2 opinions
- Lord Electric Co. v. Barber Asphalt Paving Co.New York Court of Appeals · 1919
- Lord Electric Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1914