Shelley v. Westchester Lighting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Westchester Lighting Company, ■ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the County of Westchester on the~14th day of May, 1906, iipon the verdict of a jury, and also ■ from an order entered in said clerk’s office on the 1st day of October, Í9Q6, denying the defendant’s motion for a new trial- made upon, the minutes.
1Opinion of the Court
Miller, J.:
This is an action to recover the penalty provided by Laws of 1890, chapter 566, section 65. The defendant commenced supplying -the plaintiff gas April 28,1900, on his oral application ; a dispute having arisen over a bill, on January 11, 1901, it removed the meter and discontinued said supply. The plaintiff made no written application, but waited 450 days and then sued to recover the penalty of ten" dollars and five dollars per day. The dispute over the bill' has been resolved by the jury in favor of the plaintiff, and the only question now involved is whether' the plaintiff can…
2Cases cited3 opinions
- Jones v. Rochester Gas & Electric Co.New York Court of Appeals · 1901
- Hoch v. Brooklyn Borough Gas Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Meiers v. Metropolitan Gas Light Co.New York Court of Common Pleas · 1882
3Cited by5 opinions
- Macey v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- McMullin v. New York Power & Light Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Reiser v. Edison Electric Illuminating Co. of BrooklynAppellate Terms of the Supreme Court of New York · 1912
- Shelley v. Westchester Lighting Co.New York Supreme Court · 1907
- McMullin v. New York Power & Light Corp.New York Supreme Court · 1935