Benner v. Atlantic Dredging Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 8, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 8, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought to recover damages caused to a house belonging to the plaintiff at Astoria, B. Y., by blasting done by the defendant in the waters of Ilell Gate between January 5, 1887, and April 12, 1888. The complaint alleged that the defendant did “ wrongfully and unlawfully so discharge such blasts * * * as to…
1Opinion of the CourtLandon, J.
The plaintiff contends that the defendant did not prove that it was authorized by the United States to blast the rocks in Hell Gate.
The defendant had read in evidence without objection the contract under which it prosecuted the work of removing 50,000 tons of broken rock from Hell Gate. This contract was made by Lieut.-Col. Walter McFarland, Corps of Engineers U. S. Army, as party of the first part, and recited that he made it “ for and in behalf of the U. S. of America, * * * subject to the approval of the Chief of Engineers, U. S. A.,” and was approved by that officer. The plaintiff also…
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