Pernick v. Central Union Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Pernick, from a judgment of the County Court of Bronx county, entered in the office of the clerk of said county on the 20th day of November, 1917, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Page, J. :
The evidence failed to prove any negligence of the defendant. There was no evidence that the gas range was improperly constructed or installed originally by the gas company. It was not incumbent upon the company to inspect the range at frequent intervals. (Schmeer v. Gas Eight Co., 147 N. Y. 529, 541.) The company maintained a complaint bureau, to which the users of its ranges were invited to make complaints; and the plaintiff having complained of this range, the company sent its men to make repairs. Therefore, having assumed to make the repairs, if they were faultily or negligently…
2Cases cited1 opinion
- Schmeer v. . Gas Light Co.New York Court of Appeals · 1895
3Cited by12 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Scittarelli v. Providence Gas Co.Supreme Court of Rhode Island · 1980
- Reid v. . Westchester Lighting Co.New York Court of Appeals · 1923
- Van Avery v. Platte Valley Land & Investment Co.Nebraska Supreme Court · 1937
- Cooke v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1974
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