Bass v. Williamsburgh City Fire Insurance
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff (in three eases tried as one), from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, in favor of the defendants entered upon the verdict of a jury, and from an order denying his motion for a new trial.
1Opinion of the CourtBijur, J.
This case comes here on appeal for the second time.
At the first trial plaintiff’s complaint was dismissed at what was substantially the close of his case.
The judgment below was affirmed in this court, but on appeal to the Appellate Division the judgment was unanimously reversed on the dissenting opinion filed in this court. 161 App. Div. 296. Plaintiff occupied the ninth loft of a building, and was engaged in the manufacture and sale of cloaks.
At four o’clock on the morning of May 13, 1911, a fire occurred in the two lofts below his. According to the plaintiff’s uncontradicted testimony, he…
2Cases cited2 opinions
- State v. WilliamsSupreme Court of Vermont · 1855
- Bass v. Phœnix Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1914