Mortimer v. . Otto
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1911, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the ourt at a Trial Term and granting a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. No cause of action was proved, as an accidental fire and not the breach of contract was the proximate cause of the. injury.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1911, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the ourt at a Trial Term and granting a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. No cause of action was proved, as an accidental fire and not the breach of contract was the proximate cause of the. injury. (McRae v. Hill, 126 Ill. App. 349: Fent v. T. P. & W. R. W. Co., 59 Ill. 349; R. L. Co. v. S. & P. Press Co., 135 N. Y.…
1Opinion of the CourtCollin, J.
The action is to recover from the defendants, who were warehousemen or storagehouse keepers, the damages sustained by the plaintiff through the destruction by fire of articles of household furniture stored by them for the plaintiff and her assignor. It was a provision of the agreement for storing that the defendants should place and keep the articles in a specified room in a designated building. They, violating that agreement, placed and stored the articles in a building other than that designated, which with the articles was, with-' out proven negligence on the part of the defendants,…
2Cases cited5 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Witherbee v. . MeyerNew York Court of Appeals · 1898
- Milton v. . Hudson River Steamboat Co.New York Court of Appeals · 1867
3Cited by21 opinions
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- Kenford Co. v. County of ErieNew York Court of Appeals · 1989
- Burns Jackson Miller Summit & Spitzer v. LindnerAppellate Division of the Supreme Court of the State of New York · 1982
- Nathan v. Tremont Storage Warehouse, Inc.Massachusetts Supreme Judicial Court · 1951
- Kornblut v. Chevron Oil Co.Appellate Division of the Supreme Court of the State of New York · 1978
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