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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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