City of New York Municipal Court, 1891

Wiener v. Hammell

Wiener v. Hammell
City of New York Municipal Court · Decided May 8, 1891 · Ehrlich
14 N.Y.S. 365; 39 N.Y. St. Rep. 198; 1891 N.Y. Misc. LEXIS 2000 (New York Supplement)

Counsel

George C. Lay and W. G. Chittick, Jr., for appellants. J. H. Rogan, for respondent.

Wiener v. Hammell

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.