Cohen v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mildred Cohen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November, 1909, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the New York Trial Term.
1Dissent
McLaughlin, J. (dissenting):
I agree with Mr. Justice Dowling that the plaintiff is entitled1 on this appeal to “ the most favorable inferences to be drawn from the testimony,” but this does not aid her. The facts proved, and every legitimate inference to be drawn therefrom, do not show a single negligent act on the part of the defendant or its employees. The testimony offered on the part of the plaintiff fairly tended to establish that two of the defendant’s employees were, shortly prior to the explosion, working with a lighted candle and lamp in the cellar of the building where the explosion…
2Cases cited5 opinions
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Morris v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1896
- Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Kirby v. PresidentAppellate Division of the Supreme Court of the State of New York · 1897
- Krzywoszynski v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1896