Westinghouse, Church, Kerr & Co. v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island Railroad Company, 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 18th day of April, 1913, upon the decision of the court, after a trial at the New York Trial Term, before the court without a jury.
1Opinion of the Court
Hotchkiss, J.:
Plaintiff and defendant entered into a contract by which plaintiff agreed to act as designing and “ contracting engi*201neers ” for defendant and as such to prepare the plans, specifications and other preliminary work, and also to furnish, install and house all material, apparatus, etc., incident to the construction, and the completion of the electrification of certain lines of defendant’s railroad, for which plaintiff was to be paid (1) for designing, five per cent of the cost of the completed work, and (2) for all other services, labor, material, etc., “the actual cost incurred *…
2Cited by7 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Long Island Railroad v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Standard Oil Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Salamy v. New York Central SystemAppellate Division of the Supreme Court of the State of New York · 1955
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