Wainwright v. Queens County Water Co.
New York Supreme Court
Appeal from special term, Queens county. Action by William Wainwright and others against the Queens County Water Company. From an interlocutory judgment entered on an order overruling a demurrer to the complaint, defendant appeals. Reversed.
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Appeal from special term, Queens county. Action by William Wainwright and others against the Queens County Water Company. From an interlocutory judgment entered on an order overruling a demurrer to the complaint, defendant appeals. Reversed. The complaint, after setting forth the incorporation of the defendant, alleges that on April 3, 1887, the board of supervisors of Queens county, pursuant to law, established a fire district in the unincorporated village of Roekaway Beach, and authorized such district to purchase apparatus for the ex-tinguishment of fires, and to procure for like purposes…
1Opinion of the CourtBrown, P. J.
The plaintiffs rest their right to recover solely upon the contract entered into between the defendant and the fire, district. The allegation is that the defendant “failed, neglected, and refused to comply with its agreement, * * * and that by reason thereof” the buildings were destroyed. No negligence on the part of the defendant is alleged, nor is there any assertion of omission on its part of any act, in its power to perform, to which could be attributed its failure to supply and maintain the required pressure on its pipes. The first question presented, therefore, is whether there is such…
2Cases cited24 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
19 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
- Niehaus Bros. Co. v. Contra Costa Water Co.California Supreme Court · 1911
- Mugge v. Tampa Water Works Co.Supreme Court of Florida · 1906
- Holloway v. Macon Gas Light & Water Co.Supreme Court of Georgia · 1909
16 more not listed; retrieve them via the Exa API.