Shapiro v. Albany Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albany Chemical Company, from a judgment of the County Court of the county of Albany in favor of the plaintiff, entered in the office of the clerk of said county on the 9th day of October, 1920, on the verdict of a jury for $626, and also from an order entered in said clerk’s office on or about the same day, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
John M. Kellogg, P. J.:
The defendant, the owner of the land between South Fifth street, the Hudson river, South Sixth street and Church *721street, on Westerlo Island, in the Hudson river near Albany, dumped a tarry and caustic material into the east half of South Sixth street adjoining its land, in such a manner that its nature was not apparent. The plaintiff’s horses, while being driven along the easterly side of said street, going towards Church street, became mired in that material, where it had a depth of about five feet, with the result that their death followed, and the plaintiff, upon the…
2Cases cited5 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Matter of LadueNew York Court of Appeals · 1890
- Matter of HunterNew York Court of Appeals · 1900
- Kehres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914