New York Court of Appeals

Mary Creed and George Creed v. . George Hartmann.

January 5, 186429 N.Y. 591

Summary

The New York Court of Appeals affirmed the judgment, holding the defendant liable for injuries caused by an unauthorized excavation in a public street, regardless of the contractor's negligence. The court also found no sufficient evidence of plaintiff negligence to support summary judgment and affirmed joint and several liability of the defendant and his partner. The decision relied on prior authority distinguishing authorized from unauthorized work.