Legal Opinion

Morse v. Buffalo Tank Corp.

New York Court of Appeals

Decided February 28, 1939PublishedCited by 56 opinions

1Opinion of the CourtFinch, J.

This is an action to recover for personal injuries based upon alleged negligence.

The question presented is whether want of care may be attributed to a business man in the daily conduct of his business under the following circumstances: Upon the premises of defendant a drip can is left under the faucet of a gasoline drum from which gasoline is taken daily for the refueling of gasoline engines. Two boys trespass upon these premises after the close of business and in the.'night time, steal the drip can half full of gasoline, take it away from the property of defendant out into the street, and…

2Cases cited17 opinions

  1. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  2. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
  3. Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
  4. Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
  5. Parnell v. Holland Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1932

12 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
  2. Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
  3. Mayer v. Temple Properties Inc.New York Court of Appeals · 1954
  4. Toll v. StateAppellate Division of the Supreme Court of the State of New York · 1969
  5. Bowers v. City Bank Farmers Trust Co.New York Court of Appeals · 1940

51 more not listed; retrieve them via the Exa API.

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