Huda v. American Glucose Co.
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Mary Anna Huda, as administratrix, etc., against the American Glucose Company. From an order setting aside the verdict in favor of plaintiff, and granting a new trial, plaintiff appeals. The action arises out of the burning of defendant’s factory building, by which plaintiff’s intestate lost his life.
Read the full summary
Appeal from trial term. Action by Mary Anna Huda, as administratrix, etc., against the American Glucose Company. From an order setting aside the verdict in favor of plaintiff, and granting a new trial, plaintiff appeals. The action arises out of the burning of defendant’s factory building, by which plaintiff’s intestate lost his life. The facts which may be considered as established by the' verdict, and those conceded, are these:’ The factory was of brick, about 180 feet square and eight stories in height, wherein was carried on the conversion of corn into glucose. The north , side of the…
1Opinion of the CourtHatch, J.
The record is singularly free of conflicting testimony, and the questions presented may be disposed of on undisputed facts. The origin of the fire is not known, and while the complaint alleged negligence on defendant’s part, in its origin, such claim was abandoned upon the trial, and is not now urged. It is also conceded that the fire escapes were sufficient, and that no .liability can be predicated upon failure of compliance with any statutory duty in that regard. The court below, in its submission of the case, authorized the jury to say whether or not the fastening down of the windows made…
2Cases cited10 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Davidson v. . CornellNew York Court of Appeals · 1892
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- People v. PassanteNew York Court of General Session of the Peace · 1960
- Huda v. American Glucose Co.Appellate Division of the Supreme Court of the State of New York · 1896