Schmeer v. . Gas Light Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 8, 1893, which affirmed a judgment in favor of defendant entered upon the dismissal of plaintiff’s complaint upon the merits on trial at Circuit.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 8, 1893, which affirmed a judgment in favor of defendant entered upon the dismissal of plaintiff’s complaint upon the merits on trial at Circuit. This action is brought to recover damages for the death of plaintiff’s son from an explosion of gas in the building in which the plaintiff had an apartment, such explosion having occurred, as is alleged, by reason of the negligence of the defendants in permitting the gas to flow into the building without first properly…
1Opinion of the CourtPeckham, J.
We think it was error to non-suit the plaintiff upon this proof. There was, in our judgment, a question for the jury to determine, the' question being whether, upon all the evidence, the defendant company had been guilty of negligence which caused the death of the deceased youth.
A portion of the gas which escaped through the pipes in the third story hall found its way into the premises of the women tenants, and occasioned them annoyance from its odor. The deceased, upon hearing of the difficulty, and in order to aid the two women in its removal, endeavored to find the location of the leak for…
2Cited by67 opinions
- Sawyer v. Southern California Gas Co.California Supreme Court · 1929
- Clare v. Bond County Gas Co.Illinois Supreme Court · 1934
- Hoffman v. Leavenworth Light, Heat & Power Co.Supreme Court of Kansas · 1914
- Peru Heating Co. v. LenhartIndiana Court of Appeals · 1911
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
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