Weinbaum v. Algonquin Gas Transmission Co.
New York Supreme Court
1Opinion of the CourtSamuel W. Eager, J.
This is a motion to dismiss for insufficiency a complaint to recover for alleged damages to plaintiff’s property caused by blasting operations in connection with the construction of a gas transmission line. The complaint is grounded in contract rather than in negligence. It alleges that the defendant Algonquin Gas Transmission Company entered into a written agreement with the defendant Tulsa Williams Company, whereby the latter, for an agreed compensation, was to construct a transmission line for the former, and that the contract contemplated the tunnelling under ground and the blasting of…
2Cases cited12 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Coster v. CosterNew York Court of Appeals · 1943
- Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
- Coley v. CohenNew York Court of Appeals · 1942
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3Cited by4 opinions
- Snyder Plumbing & Heating Corp. v. PurcellAppellate Division of the Supreme Court of the State of New York · 1960
- United States v. Ogden Technology Laboratories, Inc.District Court, E.D. New York · 1973
- Resinol v. Valentine Dolls, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- Tavella v. Skanska USA, Inc.New York Supreme Court · 2010