Kirby v. President of Delaware & H. Canal Co.
New York Supreme Court
Appeal from circuit court, Rensselaer county. Action by Sarah Kirby against the president, managers, and company of the Delaware & Hudson Canal Company and Dell Brown for personal injuries received in consequence of the explosion of a hot-water heating apparatus in an hotel of which defendant Brown was owner and proprietor, and in which defendant railroad company, by permission of defendant Brown, had a ticket office; plaintiff being at the time of the accident in the…
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Appeal from circuit court, Rensselaer county. Action by Sarah Kirby against the president, managers, and company of the Delaware & Hudson Canal Company and Dell Brown for personal injuries received in consequence of the explosion of a hot-water heating apparatus in an hotel of which defendant Brown was owner and proprietor, and in which defendant railroad company, by permission of defendant Brown, had a ticket office; plaintiff being at the time of the accident in the sitting room of the hotel, which was from time to time used by ladies waiting for trains; she baiting gone there after taking…
1Opinion of the CourtHerrick, J.
The action against the defendant is one founded upon alleged negligence. In such cases the plaintiff may proceed *976against any one, all, or such number of the wrongdoers as he may choose. Roberts v. Johnson, 58 N. Y. 613. The liability is a joint and several liability. Kain v. Smith, 80 N. Y. 458-468. In action of tort, where two or more are sued together, a jury may find in favor of one defendant and against the other. Lansing v. Montgomery, 2 Johns. 382; Drake v. Barrymore, 14 Johns. 166; Lockwood v. Bull, 1 Cow. 322; Beal v. Finch, 11 N. Y. 128-134. In this case the legal relations between…
2Cases cited6 opinions
- Roberts v. . JohnsonNew York Court of Appeals · 1874
- Kain v. . SmithNew York Court of Appeals · 1880
- Beal v. . FinchNew York Court of Appeals · 1854
- Lockwood v. BullNew York Supreme Court · 1823
- Lansing v. MontgomeryNew York Supreme Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bopp v. New York Electric Vehicle Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Pangburn v. Buick Motor Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Bopp v. New York Electric Vehicle Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1903