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H.R. Moch Co. v. Rensselaer Water Co.
Court of Appeals of New York
159 N.E. 896 (N.Y. 1928)
Rensselaer Water (defendant) contracted with the city of Rensselaer to supply water to the city’s fire hydrants. H.R. Moch’s (Moch) (plaintiff) warehouse caught fire and Rensselaer Water did not supply enough water to the nearby hydrant to put out the fire, causing damages to the warehouse. Moch brought suit against Rensselaer Water, claiming breach of contract as a third party beneficiary as well as common law tort. Rensselaer Water filed a motion to dismiss the claim which the trial court denied. The appellate court reversed, granting the motion to dismiss. Moch appealed.
Rule of Law
Holding and Reasoning (Cardozo, C.J.)
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