Evans v. . Keystone Gas Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the October term, 1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict and also affirmed an order denying a motion for a new trial. The defendant is a corporation engaged in the business of distributing and selling natural gas for light and fuel in the village of Olean.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the October term, 1893, which affirmed a judgment in favor of plaintiffs entered upon a verdict and also affirmed an order denying a motion for a new trial. The defendant is a corporation engaged in the business of distributing and selling natural gas for light and fuel in the village of Olean. The nature of the action and the facts, so far as material, are stated in the opinion. The uncontradicted evidence showing ■ the history of this pipe, its condition, etc.,…
1Opinion of the CourtGray, J.
This action was brought to recover damages of the defendant for the injury caused to shade trees belonging to the plaintiff, by the escape of natural gas from a main, or pipe, laid along the street bounding his premises. The negligence charged is that the gas main was so carelessly laid, constructed and maintained as to permit the escape of the gas in large quantities and to cause the death of the trees. Hpon the ti’ial it appeared that there were three large maple trees in front of the premises, of a diameter ranging from twelve to sixteen inches, which shaded the west end of the plaintiff’s…
2Cases cited1 opinion
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
3Cited by26 opinions
- Alabama Power Co. v. TalmadgeSupreme Court of Alabama · 1921
- Grandison v. RobertsonCourt of Appeals for the Second Circuit · 1916
- Dietzel v. . City of New YorkNew York Court of Appeals · 1916
- Lock v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- Calcaterra v. IovaldiMissouri Court of Appeals · 1907
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