H. R. MOCH CO. V. RENSSELAER WATER CO., Ct. of App. of N.Y., 247 N.Y. 160,159 N.E. 896 (1928) CASE BRIEF

H.R. MOCH CO. V. RENSSELAER WATER CO.
247 N.Y. 160, 159 N.E. 896 (1928)
NATURE OF THE CASE: Moch (P) appealed a decision in favor of Water (D) under P's claim asserting that D was negligent for failing to provide enough water during a city fire.
FACTS: D supplied the City of Rensselaer with water. This water was used for various things, including fire hydrants. P owned a building in Rensselaer. This building burned down. The nearest fire hydrants were not able to produce sufficient water at an appropriate pressure to save the building. D was under contract with the city to adequately provide this water. P sued for damages caused by reason of the failure of D to 'fulfill the provisions of the contract between it and the city of Rensselaer.' D made a motion, in the nature of a demurrer, to dismiss the complaint. D's motion was denied at Special term. The Appellate Division reversed by a divided court.

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