H.R. Moch Co. v. Rensselaer Water Co.
Court of Appeals of New York
159 N.E. 896 (N.Y. 1928)
Rensselaer Water Co. (defendant) contracted with the city of Rensselaer to supply water for municipal purposes including fire hydrants; during the contract term, a fire at H.R. Moch Co.'s (plaintiff) building could not be extinguished because the nearby hydrant lacked adequate water, and the fire spread and destroyed Moch's warehouse goods. Moch sued for breach of contract, common-law negligence, and breach of statutory duty; the trial court found for Moch, but the appellate court reversed, and Moch appealed.
Whether a city resident is an intended beneficiary of a contract that requires a water company to furnish water to the city's fire hydrants, and whether an individual may be liable for negligence based on an omission.