Wiener v. Hammell

City of New York Municipal Court

Wiener v. Hammell

14 N.Y.S. 365, 39 N.Y. St. Rep. 198, 1891 N.Y. Misc. LEXIS 2000

DecidedMay 8, 1891

StatusPublished

This text of 14 N.Y.S. 365 (Wiener v. Hammell) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wiener v. Hammell, 14 N.Y.S. 365, 39 N.Y. St. Rep. 198, 1891 N.Y. Misc. LEXIS 2000 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Ehrlich, C. J.

Blasting rock in the city of New York is necessary, and, as a consequence, legal, and no recovery can be had for damages caused by blasting, except on proof of negligence. The trial judge refused to charge this proposition. The owner of property who employs a competent contractor to do the work, and does not direct it himself, is not liable to a person injured by the negligence of the contractor. The trial judge .refused to charge this proposition. These two errors require that the judgment be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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Ehrlich, C. J.

Blasting rock in the city of New York is necessary, and, as a consequence, legal, and no recovery can be had for damages caused by blasting, except on proof of negligence. The trial judge refused to charge this proposition. The owner of property who employs a competent contractor to do the work, and does not direct it himself, is not liable to a person injured by the negligence of the contractor. The trial judge .refused to charge this proposition. These two errors require that the judgment be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

14 N.Y.S. 365, 39 N.Y. St. Rep. 198, 1891 N.Y. Misc. LEXIS 2000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiener-v-hammell-nynyccityct-1891.