Legal Opinion

Johnson v. Steam Gauge & Lantern Co.

New York Court of Appeals

Decided May 21, 1895PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 20, 1893, which denied a motion by defendant for a new trial and ordered judgment in favor of plaintiff on a verdict. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 20, 1893, which denied a motion by defendant for a new trial and ordered judgment in favor of plaintiff on a verdict. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. The facts, so far as material, are stated in the opinion. The burden of proof rested upon the plaintiff to establish that his injuries were occasioned solely by negligence of the defendant in maintaining the chute, and in the…

1Opinion of the CourtPeckham, J.

The plaintiff was another of those unfortunate victims who suffered damage and some of whom suffered death consequent upon the destruction by fire of the factory rented by the defendant in the city of Rochester in November, 1888. In the case of Pauley against this defendant, reported in 131 N. Y. 90, we had occasion to review the circumstances attending the terrible catastrophe in which that plaintiff’s intestate lost his life. We there held that the law of 1886 (Chap. 409), as amended by chap. 462 of the Laws of 1887, imposed the duty upon the owners or occupants of a certain class of…

2Cases cited3 opinions

  1. Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
  2. Weeks v. . CornwellNew York Court of Appeals · 1887
  3. People v. . WillsonNew York Court of Appeals · 1888

3Cited by5 opinions

  1. Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
  2. Wardwell v. CameronSupreme Court of Minnesota · 1914
  3. Huda v. American Glucose Co.The Superior Court of the City of New York and Buffalo · 1895
  4. Sembler v. CowperthwaitNew York Supreme Court · 1907
  5. Huda v. American Glucose Co.Superior Court of Buffalo · 1895

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