Dingeldein v. Third Avenue Railroad
The Superior Court of New York City
This was an appeal by defendants from a judgment in favor of the" plaintiff, entered upon the report of Charles P. Kirkland, Esq., Eeferee, to whom the cause was referred for trial. • The plaintiff sought to recover, in this action, the excess of his expenditure in building a public sewer in the Third Avenue, one of the public streets of the Oity of Hew York, beyond the sum received by hito therefor, from the corporation of that city.
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This was an appeal by defendants from a judgment in favor of the" plaintiff, entered upon the report of Charles P. Kirkland, Esq., Eeferee, to whom the cause was referred for trial. • The plaintiff sought to recover, in this action, the excess of his expenditure in building a public sewer in the Third Avenue, one of the public streets of the Oity of Hew York, beyond the sum received by hito therefor, from the corporation of that city. The following are substantially the facts set out in the complaint: Prior to October, 1853, a private association in the City of Hew York, of the same name as…
1Opinion of the Court
By the Court—Robertson, J.
Although what the plaintiff, by the terms of his agreement with the association mentioned in the complaint, agreed with them to do, was to furnish certain materials and do certain work, that work was not of a kind they could have given him authoity to do, nor was it peculiarly for their benefit, nor did the structure thereby produced become their property, or pass into their possession; the association did not even agree to pay him either a fixed price or the reasonable worth of the work and materials. His entering into a separate contract to do such work for those…
2Cases cited5 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. LambierNew York Supreme Court · 1847
- Cobb v. FrazeeNew York Supreme Court · 1850
- Davison v. SeymourThe Superior Court of New York City · 1857
3Cited by4 opinions
- May v. BurrasCity of New York Municipal Court · 1884
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Real Estate Trust Co. v. BalchThe Superior Court of New York City · 1877
- Schwartz v. CahillAppellate Division of the Supreme Court of the State of New York · 1916