Delamater v. Folz
New York Supreme Court
Appeal from judgment on report of referee. Action by Addison H. Delamater and Edward H. Everson against David Folz and others. Judgment was entered dismissing the complaint, and plaintiffs appeal.
1Opinion of the CourtBradley, J.
The action was brought to recover damages alleged to have been sustained by the plaintiffs by the wrongful acts of the defendants in depositing a quantity of broken stone upon the ground over a portion of the sewer constructed by the plaintiffs pursuant to a contract made by them with the city of Buffalo. The plaintiff Delamater entered into contract with the city to construct a section of a public sewer, and the plaintiff Everson joined and was interested with him in the performance of the work. The defendants also had a contract with the city for the construction of another section of the…
2Cases cited15 opinions
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- New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Cragin v. . LovellNew York Court of Appeals · 1882
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3Cited by6 opinions
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- Madden v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1897
- Madden v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1897
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