Fitzgerald v. Brooklyn Institute of Arts & Sciences
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Fitzgerald, from, a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of March, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintff’s case.
1Opinion of the Court
Thomas, J.:
The defendant’s taxidermist, Rockwell, poured a gallon of carbon disulphide over several stuffed eagles and a nest resting on forms resembling the stump of a tree, in a case ten by six by seven feet, and as the plaintiff and two others were, by Rockwell’s direction, closing it .quickly thereafter, there was an explosion that injured plaintiff and his fellows, causing the death of one. Although there is an effort to show by a chemist that an unneeded quantity of the disinfectant was used, that was not satisfactorily proved. But whether the evil to be cured required much or little is…
2Cases cited6 opinions
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Lofrano v. New York & Mountain Vernon Water Co.New York Supreme Court · 1890
- Ryan v. Chelsea Paper Manufacturing Co.Supreme Court of Connecticut · 1897
- Lofrano v. . New York and Mount Vernon Water CompanyNew York Court of Appeals · 1891
- Oswald v. Underpinning & Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- The Doris KelloggDistrict Court, S.D. New York · 1937
- Lancashire Shipping Co. v. Morse Dry Dock & Repair Co.District Court, E.D. New York · 1930