29 N.Y.S. 1000 | N.Y. Sup. Ct. | 1894
It is not alleged in tbe complaint, nor was it proved on the trial, that the site selected for the work was an improper one; that the work was negligently performed; or that any of the structures or machinery were unnecessary. In short, there is no allegation or evidence that the aqueduct commissioners,, or any of the defendant’s agents, or the contractors or their servants, were negligent. Nor is there any allegation or evidence that trespasses were committed on the plaintiff’s premises. Before this-action was begun, the work complained of had been completed,, the structures removed, and the lot owned by the city had been sold, but to what uses it has since been put does not appear. The-undisputed evidence shows that the structures- and work complained.