Regal Shoe Co. v. Davies

Although the question is. not free from doubt,

I am of opinion that the relation of the defendants Davies, Morris and McCormick to the excavation here was too remote to render them liable under section 230 of article 12 of chapter 5 of the Code of Ordinances, as persons “ causing such excavation to be made.” It would constitute an unreasonable extension of the ordinance if it were held applicable to an owner who in good faith has parted with possession, even though his lessee has undertaken to construct a building on the land. Decisions such as Dorrity v. Rapp (72 N. Y. 307) and Rosenstock v.…