Legal Opinion

People Ex Rel. Campbell v. Campbell

New York Court of Appeals

Decided October 5, 1880PublishedCited by 12 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which dismissed a writ of certiorari, brought to review the proceedings of the defendant, as commissioner of public works in the city of ¡New York, in removing the relator from the office of “ chief engineer of the Croton aqueduct.” The relator was appointed engineer in August, 1875, by the commissioner of public works.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which dismissed a writ of certiorari, brought to review the proceedings of the defendant, as commissioner of public works in the city of ¡New York, in removing the relator from the office of “ chief engineer of the Croton aqueduct.” The relator was appointed engineer in August, 1875, by the commissioner of public works. The incumbent of that office was required by the commissioner to exercise, and did exercise, general supervision over all the work carried on under…

1Opinion of the CourtFinch, J.

Some facts in this case are apparently beyond dispute, and narrow the discussion to a single point.

It is entirely certain that the arch in Forty-second street fell' as the consequence of “ bad workmanship and the use by the contractor of bad materials.” When its fall impelled investigation, the commissioner of public works demanded of the relator an explanation of the cause. The latter answered that it was “ bad workmanship, bad mortar used in the work, and the spandril backing imperfectly laid.” As between the commissioner and the engineer this fact was distinctly conceded, and needed no…

2Cases cited2 opinions

  1. Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
  2. People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878

3Cited by12 opinions

  1. People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
  2. Funkhouser v. CoffinIllinois Supreme Court · 1921
  3. Andrews v. KingSupreme Judicial Court of Maine · 1885
  4. People ex rel. Mitchel v. LaGrangeAppellate Division of the Supreme Court of the State of New York · 1896
  5. State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920

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