Specht v. . Waterbury Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The- motion to dismiss the complaint for failure of proof should have been granted. There is no proof that the child was burned by a fire which defendant’s agent either lit or fed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The- motion to dismiss the complaint for failure of proof should have been granted. There is no proof that the child was burned by a fire which defendant’s agent either lit or fed. (Ruppert v. B. H. R. R. Co., 154 N.Y. 90; People v. Kennedy, 32 N. Y. 141; People v. Harris, 136 N. Y. 429; Nelson v. City of New York,…
1Opinion of the CourtGray, J.
This action was brought to recover damages of the defendant fox* having caused the death of the plaintiff’s intestate. She was the plaintiff’s daughter, at the time in the sixth year of her age, and the complaint charged the defendant with negligence in the kindling of a fire on a vacant plot of land, fi*om the flames of which the clothing of the child became ignited. The plaintiff recovered a verdict and the affirmance of the judgment entered thereupon, at the Appellate Division, was by a divided vote of the justices.
It appears that a factory of the defendant was in the Vicinity of some…
2Cases cited1 opinion
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
3Cited by9 opinions
- Digelormo v. WeilNew York Court of Appeals · 1932
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
- Brown v. SchendelmanSuperior Court of Delaware · 1928
- Lang v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Messing v. StateNew York Court of Claims · 1950
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