Gearty v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1904, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. ■ On May 18th, 1895, the plaintiff entered into a contract with the defendant to regulate, set curbstones and pave with granite block the roadway of Transverse road No. 4, crossing Central Park at 97tli street from Fifth avenue to Central…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1904, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. ■ On May 18th, 1895, the plaintiff entered into a contract with the defendant to regulate, set curbstones and pave with granite block the roadway of Transverse road No. 4, crossing Central Park at 97tli street from Fifth avenue to Central Park West (8th avenue), in the city of New York. The contract, among other things, contained a provision that the…
1Opinion of the CourtWerner, J.
The unanimous affirmance by the Appellate Division has foreclosed all questions upon this appeal, except those arising out of exceptions to rulings upon evidence and the charge of the trial court. Two such questions are presented by the appellant, but we deem it necessary to consider only one of them, and that relates to the admission in evidence, on behalf of the defendant, of a letter written during the course of the work, by the secretary of the defendant’s department of public works, to the plaintiff. This letter reads as follows:
“ I am directed to inform you of the adoption of the…
2Cases cited8 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- Foote v. . BeecherNew York Court of Appeals · 1879
- People v. . StraitNew York Court of Appeals · 1897
- Thomas v. . GageNew York Court of Appeals · 1894
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3Cited by5 opinions
- Plank, Exr. v. CombsIndiana Court of Appeals · 1926
- Huston v. JohnsonNorth Dakota Supreme Court · 1915
- Collender v. ReardonAppellate Terms of the Supreme Court of New York · 1910
- Kemper v. WhitesideAppellate Terms of the Supreme Court of New York · 1910
- Tracey v. ReidAppellate Division of the Supreme Court of the State of New York · 1906