Byron v. Bell
New York Court of Common Pleas
Appeal from trial term. Action by John H. Byron against Edward T. Bell and others, as administrators, etc., of Henry B. Low, deceased, on a contract for work done, and profits on work which defendants' intestate prevented plaintiff from doing.
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Appeal from trial term. Action by John H. Byron against Edward T. Bell and others, as administrators, etc., of Henry B. Low, deceased, on a contract for work done, and profits on work which defendants' intestate prevented plaintiff from doing. In 1881, defendants’ intestate had a contract with the New York & Scranton Construction Company to build for it about 40 miles of railroad lying in New Jersey and Pennsylvania, being part of. the New York, Susquehanna & Western Railroad. In May, 1881, defendants’ intestate sublet to plaintiff about four miles of this work at specified prices for rock…
1Opinion of the CourtLarremore, C. J.
This case has been once tried and appealed to the court of appeals. The report of it in that court (Byron v. Low, 109 N. Y. 291, 16 N. E. Rep. 45) contains a statement of the facts. The appellants claim that on this new trial the objection which led to the reversal before has not been obviated; but I am of opinion that the testimony of plaintiff at folios 168 to 172, inclusive, makes out a prima facie case of a demand for the certificate from the chief engineer, as required by the contract. Plaintiff’s direct testimony on the former trial on this point is not given, but we scarcely think…
2Cases cited1 opinion
- Byron v. . LowNew York Court of Appeals · 1888
3Cited by2 opinions
- Pollock v. Pennsylvania Iron Works Co.New York Court of Common Pleas · 1895
- Hopper v. CuttingNew York Court of Common Pleas · 1891