Legal Opinion

Wilson & English Construction Co. v. New York Central Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 9, 1934PublishedCited by 23 opinions

1Opinion of the CourtScudder, J.

This action is to recover $30,639.27 as damages for alleged acts of omission of the defendant which plaintiff claims prevented it from completing on time certain construction work covered by a contract between them. Plaintiff alleges that what could and should have been finished while the season was open, and on or before November 7, 1929, was thrown into freezing weather, necessitating an additional cost to the plaintiff of $30,639.27 in excess of its normal cost.

The contract provides for the construction by plaintiff of a spur of defendant’s railroad, the work to be done at unit prices, and…

2Cases cited5 opinions

  1. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
  2. Patterson v. . MeyerhoferNew York Court of Appeals · 1912
  3. Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  4. Johnson v. . City of New YorkNew York Court of Appeals · 1921
  5. Johnson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920

3Cited by23 opinions

  1. Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
  2. Psaty & Fuhrman, Inc. v. Housing AuthoritySupreme Court of Rhode Island · 1949
  3. Price v. Spielman Motor Sales Co.Appellate Division of the Supreme Court of the State of New York · 1941
  4. Tibbetts Contracting Corp. v. O & E Contracting Co.New York Court of Appeals · 1965
  5. Peckham Road Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1969

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