Fleming v. . Village of Suspension Bridge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in ■the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in ■the opinion. The defendant could not be made liable except by the provisions of the act of 1875 (Chap. 181), and by this the liability essential to sustain this action is not imposed upon the defendant. (King v. City of Brooklyn, 42 Barb. 627 ; Van Valkenburg v. Mayor, etc., of N. Y., 33 id. 109; Theall…
1Opinion of the CourtEarl, J.
In 1876 the trustees of the village of Suspension Bridge, under the act chapter 181 of the Laws of 1875, organized themselves into aboard of water commissioners. Afterward, in the same year, the board entered into a contract with the plaintiff to build for the village certain water-works for conducting into and through the village water from theHiagara river for a compensation of $5,185. He completed the work required by the contract and received the stipulated consideration, except a small balance.
During the performance of his contract the plaintiff was requested by the water commissioners…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
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- Lenzen v. City of New BraunfelsCourt of Appeals of Texas · 1896
- Davidson v. . Village of White PlainsNew York Court of Appeals · 1910
- Litchfield Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1926
- People ex rel. New York Dock Co. v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1920
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