Huda v. American Glucose Co.
Superior Court of Buffalo
Appeal from an order, setting aside the verdict in favor of plaintiff, and granting a new trial. The action arises out of the burning of defendant’s factory building, by which plaintiff’s intestate lost his life. The facts which may be considered as established by the verdict, and those conceded, are these: The factory was of brick, about 180 feet square and eight stories in height, wherein was carried on the conversion of corn into glucose.
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Appeal from an order, setting aside the verdict in favor of plaintiff, and granting a new trial. The action arises out of the burning of defendant’s factory building, by which plaintiff’s intestate lost his life. The facts which may be considered as established by the verdict, and those conceded, are these: The factory was of brick, about 180 feet square and eight stories in height, wherein was carried on the conversion of corn into glucose. The north side of the building abutted on the Hamburg canal. The south side fronted on Scott street. This was called the “ Starch Building.” On the south…
1Opinion of the CourtHatch, J.
The record is singularly free of conflicting testimony, and the questions presented may be disposed of on undisputed facts. The origin of the fire is not known, and while the *158complaint alleged negligence on the defendant’s part, in its origin,, such claim was abandoned upon the trial, and is not now urged. It is also conceded that the fire escapes were sufficient, and that no-liability can be predicated upon the failure of compliance with any statutory duty in that regard. The court below in its submission of the case, authorized the jury to say whether or not the fastening down of the…
2Cases cited8 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Davidson v. . CornellNew York Court of Appeals · 1892
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Bond v. . SmithNew York Court of Appeals · 1889
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