Kelly v. . the Mayor C. of New-York
New York Court of Appeals
The action was brought by Kelly in the New-York common pleas against the mayor, aldermen and commonalty of the city of New-York, to recover for an injury to his horse, alleged to have been caused by the negligence of the defendants or their servants in blasting rocks, in the opening and excavating of Seventy-first street in the city of New-York.
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The action was brought by Kelly in the New-York common pleas against the mayor, aldermen and commonalty of the city of New-York, to recover for an injury to his horse, alleged to have been caused by the negligence of the defendants or their servants in blasting rocks, in the opening and excavating of Seventy-first street in the city of New-York. The cause was tried before justice Woodruff in January, 1852. The plaintiff proved that in October, 1850, he was driving along the Bloomingdale road, in the vicinity of Seventy-first street, when his horse was struck and injured by a stone thrown from…
1Opinion of the CourtSelden, J.
The written agreement between the defendants and John Quin, the immediate employer of the persons through whose -carelessness the injury to the plaintiff was occasioned, contained the following clause: “ The whole work to be done under the direction, and to the entire satisfaction of the commissioner of repairs and supplies, the superintendent of roads, and the surveyor having charge of the work: and the certificate of the superintendent of roads and the surveyor, to that effect, will be a condition precedent to the acceptance of the work and payment for the same.” It is claimed that this…
2Cited by60 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- City of Logansport v. DickIndiana Supreme Court · 1880
- Callan v. BullCalifornia Supreme Court · 1896
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