New York Court of Appeals
Horatio N. Slater, Respondents v. John W. Mersereau, Appellant
February 8, 187664 N.Y. 138
Summary
The Court affirmed the lower court, holding that the contractor was negligent for failing to direct the subcontractor to cut a necessary recess, that he was not liable for the subcontractor's independent sidewalk work, and that when two independent negligent acts combine to cause a single injury and their relative contributions cannot be apportioned, each party is liable for the whole damage.