New York Court of Appeals
Pack Against the Mayor, Aldermen, C., of the City of New York.
March 5, 18538 N.Y. 222
Summary
The New York Court of Appeals reversed the judgment, holding that the City of New York is not liable for injuries caused by the negligence of an independent contractor's workmen in grading a street, and ordered a new trial. The court reasoned that the contractor was not the city's servant or agent, and the contract clause did not create sufficient control to impose liability.