Jones v. Rochester Gas & Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rochester Gas and Electric Company, from an order of the County Court of the county of Monroe, entered in the office of the cleric of the county of Monroe on the 9th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was- begun in the Municipal Court of the city of Rochester on the 23d day of October, 1894. In that court judgment was rendered for the defendant.
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Appeal by the defendant, the Rochester Gas and Electric Company, from an order of the County Court of the county of Monroe, entered in the office of the cleric of the county of Monroe on the 9th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was- begun in the Municipal Court of the city of Rochester on the 23d day of October, 1894. In that court judgment was rendered for the defendant. The plaintiff appealed to the County Court of Monroe county, where, a new trial was had before the court and a-jury, and a verdict rendered by the jury…
1Opinion of the Court
Hardin, P. J.:
Considerable evidence was given during the trial in respect to the 600 feet of gas for which the defendant claimed the plaintiff should pay, and which the plaintiff claimed he ought not to pay for because it was alleged it escaped from a gas log by reason of the negligence of the defendant’s servants and agents when upon his premises, in failing to adjust a range and connect it suitably with the gas log. In the course of the charge delivered to the jury the trial judge observed: “ The question of fact which I submit to your consideration is whether, at the time the plaintiff…
2Cases cited4 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Gibson v. . Nat'l Park Bk. of N.Y.New York Court of Appeals · 1885
- Conley v. ClayNew York Supreme Court · 1895
- Mayor v. MooreNew York Supreme Court · 1889
3Cited by7 opinions
- Coale v. SuckertAppellate Terms of the Supreme Court of New York · 1896
- Bennett v. Eastchester Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Andrews v. North River Electric Light & Power Co.Appellate Terms of the Supreme Court of New York · 1898
- Bennett v. Eastchester Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1899
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