New York Court of Appeals July 15, 1925 (E. H. Smith Contracting Co. v. City of New York)

Andrews, J.

In March, 1913, the city of New York, acting by the Public Service Commission for the first district, entered into a contract with the appellant for the construction of over three miles of elevated railroad

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in the borough of Queens. About four thousand feet consisted of concrete arches resting upon concrete pillars and the remainder was the ordinary steel overhead road.