Fire Dept. of New York v. . Gilmour
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Dew York, made on the first Monday of March, 1893, which reversed a judgment in favor of plaintiff, rendered by a District Court of the city of Dew York on trial without a jury, and granted a new trial.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Dew York, made on the first Monday of March, 1893, which reversed a judgment in favor of plaintiff, rendered by a District Court of the city of Dew York on trial without a jury, and granted a new trial. This action was brought in a District Court in the city of Dew York to recover of the defendant a penalty of $25 for neglect on his part to obey an order dated May 21, 1892, purporting to have been made under the authority of the. board of commissioners of the fire department of the- city of Dew York,…
1Opinion of the Court
Andrews, Ch. J.
The action was tried and determined by the justice of the District Court upon the theory that the determination of the hoard of fire commissioners that the use made by the defendant of the yard of his premises for the piling of boxes was dangerous, as being likely to cause or promote a conflagration to the prejudice of life and property, was conclusive, and not open to inquiry in an action brought for the penalty given by section 463 of the Consolidation Act. It was upon this view of the law that the justice excluded the evidence offered by the defendant to show that, in fact,…
2Cases cited2 opinions
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- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
3Cited by33 opinions
- Lipsitz v. ParrCourt of Appeals of Maryland · 1933
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
- Altschul v. . LudwigNew York Court of Appeals · 1916
- E. Fougera & Co. v. City of New YorkNew York Court of Appeals · 1918
- People v. . KayeNew York Court of Appeals · 1914
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