Kenney v. South Shore Natural Gas & Fuel Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the South Shore Natural Gas and Fuel Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the lltli 'day of December, 1908, upon the verdict of a jury for $16,000, and also from an order entered in said clerk’s office on the 14th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J. :
Plaintiff seeks to recover for injuries received because of an explosion of natural gas which had escaped from an uncapped pipe in an upper room in her house. . The litigated question is, who was responsible for that condition of the pipe ? If it was removed by defendant’s employee when testing the pipe, and he negligently failed to replace it, then, of course, there can be no question of defendant’s liability.
The house had been piped, and the piping tested in May preceding the accident, but the piping was not connected with defendant’s main in any way till October tenth…
2Cited by2 opinions
- Kilmer v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Kenney v. South Shore Natural Gas & Fuel Co.Appellate Division of the Supreme Court of the State of New York · 1910