James Pilkington Co. v. City of New York

McAvoy, J.:

The plaintiff, James Pilkington Company, Inc., was a contractor with the city of New York for the construction of sanitary sewers in Grand, Thompson and Canal streets, and also in other streets in that neighborhood. While the contract was being carried. on, however, it encountered an abandoned sewer which had become full of water, existing sewers which were broken and dilapidated, and various sewer basins improperly maintained which by reason of defective conditions permitted water to pour into the excavations which plaintiff made and which required extraordinary pumping and…