Lee v. . Troy Citizens' Gas-Light Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 24, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence on the part of defendant, causing the death of a horse belonging to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 24, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence on the part of defendant, causing the death of a horse belonging to plaintiff. The negligence charged was that defendant’s employes, in changing the location, of a gas-pipe under plaintiff’s barn,, bent the pipe so that it leaked, and the escaping gas killed the horse. The material facts are stated in the opinion.…
1Opinion of the CourtFinch, J.
There was evidence in this case sufficient to carry to the jury the question of fact whether the leak in the gas pipe which o)?pasioned the death of the horse was due to the negligence of ttie defendant’s workman in making the requisite changes and repairs. The break on the inside of the foundation wall appears to have been occasioned by one of two causes; either by the blow of the falling stone upon the service pipe, or by a forcible twisting of the inner coupling in the process of putting on a new elbow outside of the foundation. Which it was, and whether the workman could and should have…
2Cases cited2 opinions
- Hale v. . SmithNew York Court of Appeals · 1879
- Hackford v. New York Central, &c., RailroadNew York Supreme Court · 1871
3Cited by23 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Magee v. North Pacific Coast RailroadCalifornia Supreme Court · 1889
- Benedict v. Union Agricultural SocietySupreme Court of Vermont · 1902
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