Pennell v. Mayor of New York
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Joseph B. Pennell and Thomas O’Hern against the mayor, aider-men, and commonalty of the city of New York. Defendants appeal from a judgment in favor of the plaintiffs, entered upon the verdict of a jury, and from an order denying their motion for a new trial.
1Opinion of the CourtFreedman, J.
This action arose out of a contract made for clearing wood and brush from the land which was to be flooded by the building of certain dams under the plan for supplying New York city with water, authorized by chapter 490 of the Laws of 1883, and the amendments thereto. The plaintiffs had contracted to do the work for a consideration which consisted of a certain sum of money, and of the wood that they might cut, and which it was their right to remove for their own benefit. The action was brought by the plaintiffs to recover upon two causes of action: (1) To recover the value of about 770 cords…
2Cited by1 opinion
- Montgomery v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1894