Moch Co. v. Rensselaer Water Co.
Court of Appeals of New York
159 N.E. 896 (N.Y. 1928)
Rensselaer Water Co. (water company) (defendant) entered into 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 for a term of years. Water was also to be furnished to private individuals and buildings. During the contract, a building owned by 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 brought suit against the water company alleging negligence, and the trial court granted judgment for Moch. The appellate court reversed and Moch appealed, alleging claims for breach of contract, common law negligence, and breach of a statutory duty.
Rule of Law
Holding and Reasoning (Cardozo, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.