Lockwood v. Mayor of New York
New York Court of Common Pleas
Appeal by defendants from a judgment of the First District Court. This action was brought to recover damages for injuries occasioned to the plaintiff’s house in the building of a sewer.
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Appeal by defendants from a judgment of the First District Court. This action was brought to recover damages for injuries occasioned to the plaintiff’s house in the building of a sewer. By contract made in September, 1854, with the defendants, through the Croton Aqueduct Board, Abraham H. Legett was employed to construct a sewer running from the East river through Forty-ninth street to Second avenue, thence up that avenue to Fifty-third street, through Fifty-third street to Third avenue, and thence up that avenue to Fifty-sixth street. By the terms of the contract, Legett was required in all…
1Opinion of the Court
By the Court, Daly, First Judge.
This case is distinguishable from Blake v. Ferris, 1 Seld. 48; Pack v. The Mayor, 4 Id. 227; and Kelly v. The Mayor, 1 Kern. 432. In these cases, the corporation was sought to be made responsible for injuries to third persons arising from the negligence, want of skill, or carelessness of the contractors, or those employed under them, while engaged in the prosecution of the work. In this case, however, the injury was the result of drawing the sheath-piling—which the contractor, *68by the terms of the contract, was required to do—as the work progressed. It did not…
2Cited by7 opinions
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- Duerr v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Village of Jefferson v. ChapmanAppellate Court of Illinois · 1888
- Miller v. New York, L. & W. Ry. Co.Superior Court of Buffalo · 1888
- Haefelin v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904
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