Tolmie v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Murdo Tolmie, as sole surviving partner of the firm of Wood & Tolmie, from a judgment of the Supreme Court in favor of the. defendant, entered in the office of the clerk of the county- of Hew York on the 16th day of July, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 23d day of July, 1903, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, Murdo Tolmie, as sole surviving partner of the firm of Wood & Tolmie, from a judgment of the Supreme Court in favor of the. defendant, entered in the office of the clerk of the county- of Hew York on the 16th day of July, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 23d day of July, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On the 2d of Hovember, 1895, one Bobert Wood and Mur do Tolmie, composing the firm of Wood & Tolmie, entered into acon- ■ tract with the city of Hew York to build for it a public overlook in Corlears Hook Park and agreed that during the performance of the work they would place proper guards around the same and at night keep suitable and sufficient lights for the prevention of accidents, and would indemnify the city against any and all liability or damage which it might sustain by reason of their negligence. A few days later they entered into a contract with M. Kane & Son, by…
2Cases cited5 opinions
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Mayor, Aldermen & Commonalty of New York v. BradyNew York Court of Appeals · 1897
- Sullivan v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- People v. American Steam Boiler InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by11 opinions
- Travelers' Ins. Co. v. HarrisTexas Commission of Appeals · 1919
- International Travelers Ass'n v. MarshallTexas Supreme Court · 1938
- Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Parry v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Shapiro v. Employers Liability Assurance Corp.New York Supreme Court · 1931
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