Moore v. Taylor
New York Supreme Court
- Appeals from judgments, entered upon the reports of a referee. On June 7, 1882, the defendants, being contractors with the Ontario Belt Railway for the construction of its road, entered into an agreement with the plaintiff by which the plaintiff agreed to do the work of graduation, bridging, masonry, track-laying, track-surfacing and distribution of ties, on the Rochester and Ontario Belt Railway, commencing at station (0), on the bluff of the Genesee river; thence on…
Read the full summary
- Appeals from judgments, entered upon the reports of a referee. On June 7, 1882, the defendants, being contractors with the Ontario Belt Railway for the construction of its road, entered into an agreement with the plaintiff by which the plaintiff agreed to do the work of graduation, bridging, masonry, track-laying, track-surfacing and distribution of ties, on the Rochester and Ontario Belt Railway, commencing at station (0), on the bluff of the Genesee river; thence on pleasure line to about station 67, at junction with the permanent line at station'380; thence along it to about station 616,…
1Opinion of the Court
Bradley, J.:
There was some controversy on the trial in respect to the quantity of work performed under the contract. The accuracy of the estimates presented by the evidence of the respective parties was the subject of fair criticism. Those furnished on the part of the plaintiff were made without measurements, and those on the part of the defendants were estimates aided by partial measurements only. Thus was presented an apparent conflict in the evidence. No actual measurements or estimates were made by the defendants or their engineers, or those of the railway company prior to August first,…
2Cases cited6 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Danolds v. . the State of New YorkNew York Court of Appeals · 1882
- Sickels v. PattisonNew York Supreme Court · 1835
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Snook v. FriesNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.