Tanas v. Municipal Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Albany County. Action by Elia Tanas as administrator of William Dimitri, deceased, against the Municipal Gas Company of the City of Albany. From a judgment dismissing the complaint, entered on a nonsuit, plaintiff appeals: Reversed.
1Opinion of the CourtHoughton, J.
The action is for the negligent killing of plaintiff’s intestate. The intestate died, as is claimed, from the effects of illuminating gas which the defendant negligently allowed to escape from its main. At the time of his death he was a resident alien, being a subject of the Sultan of Turkey. His widow and minor child, his only next of kin, are conceded to have been and now are nonresident aliens, being residents of the province of Macedonia in the Ottoman Empire. The defendant’s motion for a nonsuit was granted on the sole ground that under our statute an action cannot be maintained for…
2Cases cited28 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
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3Cited by10 opinions
- Lykiardopoulo v. New Orleans & C. R., Light & PowerSupreme Court of Louisiana · 1910
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- Imperial Film Exch. v. General Film Co.District Court, S.D. New York · 1915
- Trujillo v. PrinceNew Mexico Supreme Court · 1938
- Romano v. Capital City Brick & Pipe Co.Supreme Court of Iowa · 1904
5 more not listed; retrieve them via the Exa API.