Messenger v. . City of Buffalo
New York Court of Appeals
.Appeal from the Supreme Court. Action for extra materials furnished by the plaintiff in paving a street under a contract with the defendant. The trial was before a referee, who found these facts : The city contracted with the plaintiff to sand and pave Clim ton street. The grading of the street was to be done by the city.
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.Appeal from the Supreme Court. Action for extra materials furnished by the plaintiff in paving a street under a contract with the defendant. The trial was before a referee, who found these facts : The city contracted with the plaintiff to sand and pave Clim ton street. The grading of the street was to be done by the city. The contract provided that the street should be graded to a sufficient depth to receive eighteen inches of lake sand next to and underneath the' paving stone; which sand was to be furnished by the plaintiff, and to be of a uniform depth of eighteen inches under all the…
1Opinion of the CourtWright, J.
The defendant is not liable if it did not, as a municipal corporation, contract with or authorize in any way the plaintiff to furnish the additional sand required to bring up the street to the grade which it had itself established. Un doubtedly, though a municipal corporation be charged with the duty of regulating and repairing the streets, no action will lie against such corporation for repairs put upon them without its assent or authority. It may be doubted, however, whether, in all cases, to make the city of Buffalo liable for work done in improving its streets, its common council must…
2Cited by23 opinions
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Langley v. . RoussNew York Court of Appeals · 1906
- Kerker v. BocherSupreme Court of Oklahoma · 1908
- Haley v. BradyWashington Supreme Court · 1943
- M. L. Ryder Building Co. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1919
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