Irish v. Union Bag & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Union Bag and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office pf the clerk of the county of Washington on the 26th day of October, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of October, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Union Bag and Paper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office pf the clerk of the county of Washington on the 26th day of October, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of October, 1904, denying the defendant’s motion for a new trial made upon the minutes. Plaintiff sues as administratrix of Algy J. Irish, deceased, tereco ver damages for the death of said Irish, caused, as it is claimed, by the defendant’s negligence. Defendant is the…
1Opinion of the Court
Smith, J.:
The right of the jury to find that defendant’s negligence caused this accident is not questioned by the appellant’s counsel in his brief. The breaking of the lead pipe and the tapping of the wire left a part of the wire thus insulated exposed.’ The dripping of the acid upon this exposed part ate away the insulation so that the lead pipe in which the wire was encased became charged with electricity from the wire. Of the fact of this leakage of electricity the defendant had full knowledge, and the jury rightfully found that the defendant negligently failed to furnish a safe place in…
2Cases cited7 opinions
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Fejdowski v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1980
- Kennedy v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Gibson v. Casein Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Clark v. International Paper Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Farrell v. Town of North ElbaAppellate Division of the Supreme Court of the State of New York · 1906
6 more not listed; retrieve them via the Exa API.