Potter v. Seymour
The Superior Court of New York City
This action came before the Court at General Term, by .appeal taken by the defendant from the judgment entered on a verdict for the plaintiff .on a trial before Chief Justice Oakley and a jury,.on the 4th day of March, 1857. The complaint, charged, in .substance that the defendant was engaged by his servants and agents in erecting a building on his lot, upon John street, in the city of Hew York, and that during the progress of the.erection, the defendant caused a large…
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This action came before the Court at General Term, by .appeal taken by the defendant from the judgment entered on a verdict for the plaintiff .on a trial before Chief Justice Oakley and a jury,.on the 4th day of March, 1857. The complaint, charged, in .substance that the defendant was engaged by his servants and agents in erecting a building on his lot, upon John street, in the city of Hew York, and that during the progress of the.erection, the defendant caused a large derrick to. be erected thereon, and that owing to the insecure and negligent manner in which the derrick was constructed and…
1Opinion of the Court
By the Court—Hoffman, J.
The exceptions to the charge and the requests of the defendant’s counsel are first to be noticed.
A defense set up in the answer was, that the vyhole erection of the building had been committed to Bunting, under a contract which gave him full and unlimited control as well as possession of the premises, and thus exonerated the defendant.
The Court .charged that if the jury found that the defendant had made a contract with any one to build the store and do the *144work, and had given such contractor the possession and control of the premises for that purpose; and such…
2Cases cited3 opinions
- Congreve v. MorganThe Superior Court of New York City · 1856
- Blackwell v. WiswallNew York Supreme Court · 1865
- McCleary v. KentThe Superior Court of New York City · 1854