New York Court of Appeals, 1854

Gent v. Mayor of New York

Gent v. Mayor of New York
New York Court of Appeals · Decided April 18, 1854
1 Seld. Notes 240

Gent v. Mayor of New York

Opinion of the Court

The house and garden of the plaintiff, near the Eighth avenue, in the city of New York, were injured by rocks and stones thrown upon them by blasts made in grading the avenue. The men who made the blast were men employed by Lynch & Hagan, who were contractors with the corporation to grade the avenue by the job.

*241Held, that the corporation was not liable for the negligence of the workmen, as they were not its servants, or under its control.

(See Pack agt. The Mayor &c. of New York, ante, 94.)

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