Gordon v. Ashley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eugene L. Ashley, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Washington on the 18th day of May, 1901, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 18th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Parker, P. J.:
If there is any charge at all in this complaint that the defendant’s negligence caused the death of the plaintiffs’ intestate, it is *526that he negligently mcrnitamed the wire in question. It is the use of the wire that is complained of. No suggestion that the defendant had created a nuisance in a public place, which had resulted in the death of the intestate, can be found, and the case was sent to the jury on the former theory only. They were substantially told that unless the defendant had personal effective control of the electric light plant at the time of Gordon’s death so…
2Cited by2 opinions
- Hanna v. Central States Electric Co.Supreme Court of Iowa · 1930
- Ross v. JacobowitzAppellate Division of the Supreme Court of the State of New York · 1926