H.R. Moch Co. v. Rensselaer Water Co. Court of Appeals of New York, 1928
Facts
:
Defendant entered into a long-term contract with the city to supply water for
several purposes, including for fire hydrants. During the course of the contract, a building
caught fire. The flames spread to and destroyed plaintiff’s warehouse. Plaintiff brought
suit, seeking negligence damages, stating that defendant breached his duty of care within
the city.
Procedural History
:
The trial court denied defendant’s motion to dismiss. The appellate
court reversed, holding that while a duty existed between defendant and the city, plaintiff
did not have a legally recognized interest.
Issues
:
Did the defendant’s duty to the city extend to plaintiff as an individual member of
the public?
Holding (and Judgment):
No. The Court of Appeals of New York affirmed the lower
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- Fall '14
- Marie Boyd
- Rensselaer Water Co, Moch Co.
