Duerr v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Consolidated Gas Company of New York and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 3d day of January, 1902, upon the verdict of a jury rendered by direction of the court for $5,000, and also from -an order entered in said clerk’s office on the 31st day of December, 1901, denying, the .defendants’ motion for a new trial made upon the ■minutes.
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Appeal by the defendants, the Consolidated Gas Company of New York and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 3d day of January, 1902, upon the verdict of a jury rendered by direction of the court for $5,000, and also from -an order entered in said clerk’s office on the 31st day of December, 1901, denying, the .defendants’ motion for a new trial made upon the ■minutes. The action is- brought to recover fpr personal injuries sustained by the plaintiff in consequence of the collapse of a tank…
1Opinion of the Court
Laughlin, J. :
Counsel for the respondent contends that the accumulation of this large body of water in a tank above the surface of the earth and allowing it to be precipitated on adjacent premises where the plaintiff was lawfully at work in the employ of the owner or lessee thereof Constituted a trespass, for which both.the gas company and the contractors are responsible since they participated therein, and that they are liable for the injuries inflicted upon him regardless of any question of negligence.
It has been held that an owner of land is liable in trespass for damages caused to persons…
2Cases cited17 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Devlin v. . SmithNew York Court of Appeals · 1882
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schroeder v. City County Savings Bank, AlbanyNew York Court of Appeals · 1944
- Kelly v. Laclede Real Estate & Investment Co.Supreme Court of Missouri · 1941
- Potomac Edison Co. v. JohnsonCourt of Appeals of Maryland · 1930
- Stevens v. SchweizerAppellate Terms of the Supreme Court of New York · 1916