Legal Opinion

Kremer v. New York Edison Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 4 opinions

Appeal by the defendant, the New York Edison Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of February, 1904, upon the verdict of a jury for $19,000, and also from an order entered in said clerk’s office on the 7th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Miller, J.:

I think there was sufficient evidence to warrant the submission to the jury of the question as to whether automatic current breakers, suitable to be used in connection with machines similar to the one involved here, were in general use, and if so, whether the defendant was negligent in not so equipping this machine. Two witnesses for the plaintiff testified that such an appliance was in general use ; one of these, however, derived his knowledge solely from reading, and the other bn cross-examination testified that he had actual knowledge of only one plant using as high a voltage as…

2Cases cited1 opinion

  1. Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890

3Cited by4 opinions

  1. Sider v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1922
  2. Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
  3. Carroll v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1906
  4. Fagan v. Wells Bros.New York Supreme Court · 1909

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