Donahue v. Keystone Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Keystone Gas Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 21st day of May, 1903, upon the verdict of a jury for $150, and also from an order bearing date the 18th day of February, 1903, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Stover, J.:
This is an action brought to recover damages for injury to premises of plaintiff through the destruction of ornamental shade trees in front of his premises on the west side of Union street in the city of Clean, by reason of leakage of gas from the mains of defendant, which were laid in the street in front of plaintiff’s premises, and near the trees which were destroyed.
The facts upon which the rights of the plaintiff in the street depended, and the negligence of the defendant, were litgated upon the trial, and as the questions of fact were settled by the verdict, we see no reason…
2Cases cited2 opinions
- Lane v. LamkeAppellate Division of the Supreme Court of the State of New York · 1900
- Halleran v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- County of Broome v. McKuneAppellate Division of the Supreme Court of the State of New York · 1943
- County of Chautauqua v. SwansonAppellate Division of the Supreme Court of the State of New York · 1940
- Splain v. Utica Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904