City of New York v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 11th day of October, 1901, setting aside the verdict of a jury rendered by direction of the court and granting a new trial of the action.
1Opinion of the Court
Ingraham, J.:
At the trial the court directed a verdict for the plaintiff for $10,000. Subsequently, on motion to set aside the verdict upon the judge’s minutes, the verdict was set aside and á new trial *240granted. Although counsel for the defendants asked to submit certain questions to the jury, it seems to be conceded upon this appeal that there is no question of fact involved. The defendant Baird had a contract with the city of New York'for laying water mains in Fifth avenue from Fourth street to Eightieth street. By this contract it was agreed that he would “ indemnify and save harmless the…
2Cases cited2 opinions
- Conner v. . ReevesNew York Court of Appeals · 1886
- Mansfield v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1900
3Cited by3 opinions
- Mayor, Aldermen and Commonalty v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1909
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1909