H. R. Moch Co. v. Rensselaer Water Co.

The great weight of authority in other jurisdictions is undoubtedly against the plaintiff’s right to recover in this action. (See 12 Cornell Law Quarterly, 207.) The same rule of non-liability has been adopted in this State. It is said that persons situated as is plaintiff have not the right of a beneficiary to sue on a co'ntract made by a municipality with a private corporation for supplying water to extinguish fires. There is no privity between the citizens and the contracting company. (Wainwright v. Queens County Water Co., 78 Hun, 146; Smith v. Great South Bay Water Co., 82 App. Div.…