Legal Opinion

Splain v. Utica Gas & Electric Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1904Published

Action by John Splain against the Utica Gas & Electric Company.

1Per curiam

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence was one of fact for the jury; also held, that the plaintiff was not barred from recovery by reason of the fact that he did not own the fee of the land upon which the tree' stood. See Donohue v. Keystone Gas Co. (decided by this court at present term) 85 N. Y. Supp. 478.

2Cases cited1 opinion

  1. Donahue v. Keystone Gas Co.Appellate Division of the Supreme Court of the State of New York · 1904