Werner, J. The defendant, the TTvalde Asphalt Paving Company, entered into a contract with the city of Blew York on July 10th, 1900, for the paving of the roadway of Eighth street, in that city, from Broadway to McDougal street. The plaintiff was a sub-contractor employed by the defendant to do the work of setting new curb and repairing the old curbstones under that contract. This ac…
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