Allen v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ida Allen, from a judgment of the • Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 21st day of December, 1900, upon the dismissal of the complaint by direction of the court after a- trial at the Albany Trial Term. . Upon the 27th day of February, 1900, the plaintiff, while a passenger upon one of defendant’s cars, was injured by the fall of a metal fire extinguisher placed in said car by the…
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Appeal by the plaintiff, Ida Allen, from a judgment of the • Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 21st day of December, 1900, upon the dismissal of the complaint by direction of the court after a- trial at the Albany Trial Term. . Upon the 27th day of February, 1900, the plaintiff, while a passenger upon one of defendant’s cars, was injured by the fall of a metal fire extinguisher placed in said car by the defendant. This fire extinguisher was a metal tube fourteen inches long and two inches in diameter and was filled with…
1Opinion of the Court
Smith, J.:
Had this extinguisher been securely fastened plaintiff would not have suffered injury. Its fall must have been due either to negligent fastening originally or- to a negligent maintenance óf a fastening originally sound. The fastening was beyond the-reach of ordinary interference by those going to and from the car. ■ That an outsider should have interfered and rendered insecure this fastening is most improbable. Without deciding. then the degree of care required of the defendant in securing this extinguisher, we are clearly of the opinion that the circumstances surrounding the…
2Cases cited6 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- White v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Fink v. SladeAppellate Division of the Supreme Court of the State of New York · 1901
- Horn v. New Jersey Steamboat Co.Appellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921