Torts Keyed to Dobbs
H. R. Moch Co. v. Rensselaer Water Co
Defendant had entered into a long-term contract with the city to supply water for various purposes, including for fire hydrants. During the course of the contract, a building caught fire. The flames spread to a nearby warehouse, owned by Plaintiff, destroying the warehouse and all it contained. Plaintiff brought suit, seeking negligence damages, contending that Defendant breached its duty of care within the city. The trial court denied Defendant’s Motion to Dismiss. The appellate court reversed, stating that while a duty existed between Defendant and the city, Plaintiff had no legally recognized interest.
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