Benjamin v. City of New York

Van Brunt, P. J. (concurring):

I concur in the result. I am of the opinion that the plaintiff, being an employee of the city, could make no charge for work done even for the city in office hours.

I think that another reason why there can be no recovery in this case is that there is no evidence whatever that any person in the bureau of highways could incur any such obligation on the part of the city.

Judgment and order reversed, new trial ordered, costs to appel lant to abide event.