Robinson v. . Chamberlain

I think the judgment of the General Term in this case should be affirmed on the ground that the defendant by his contract, assumed the absolute duty of repairing a public thoroughfare, and is therefore liable in a civil action in behalf of any individual who has sustained special damage as the immediate consequence of his neglect to repair. It is not necessary to the right of action to hold that the defendant is a public officer. By his contract with the State he assumed a duty to the public. If he is not to be regarded as a public officer in all respects, it is at least true that certain…