H.R. Moch Co. v. Rensselaer Water Co.
New York Court of Appeals
159 N.E. 896, 247 N.Y. 160 (1928)
- Written by Jamie Milne, JD
Facts
Rensselaer Water Co. (the water company) (defendant) entered a contract with the City of Rensselaer to provide water to the city for sewer flushing, street sprinkling, service to schools and public buildings, and service to fire hydrants. Water was also to be furnished to certain private individuals and buildings. During the contract period, a building owned by H.R. Moch Co. (Moch) (plaintiff) caught fire. The nearby fire hydrant did not possess adequate water to put out the fire, and the fire spread to Moch’s warehouse and destroyed its goods. Moch sued the water company, asserting claims for breach of contract, common-law negligence, and breach of a statutory duty. The water company moved to dismiss. The trial court denied the motion, finding Moch’s action viable. The appellate court reversed, and Moch appealed.
Rule of Law
Issue
Holding and Reasoning (Cardozo, C.J.)
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