Kremer v. New York Edison Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by Henry Kremer against the New York Edison Company. There was a verdict in favor of plaintiff for $19,000, and from a judgment for $20,083.14 entered thereon, and an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtMiller, J.
I think there was sufficient evidence to- warrant the submission to the jury of the question as to whether automatic current breakers, suitable to be used in connection with machines similar to the one involved here, were in general use, and, if so, whether the defendant was negligent in not so equipping this machine. Two witnesses for the plaintiff testified that such an appliance was in general use. One of these, however, derived his- knowledge solely from reading, and the other, on cross-examination, testified that he had actual knowledge of only one plant using as high a voltage as 6,600,…
2Cases cited5 opinions
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Stringham v. . StewartNew York Court of Appeals · 1885
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Quill v. Empire State Telephone Co.New York Supreme Court · 1895