Tismer v. . New York Edison Co.
New York Court of Appeals
Appeal from a judgment entered December 14, 1915, upon an order of the Appellate Division of the Supreme' Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations is not a bar to this action. (L. 1890, ch. 566, § 65; Jones v. Rochester Gas & El.
Read the full summary
Appeal from a judgment entered December 14, 1915, upon an order of the Appellate Division of the Supreme' Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Statute of Limitations is not a bar to this action. (L. 1890, ch. 566, § 65; Jones v. Rochester Gas & El. Co., 7 App. Div. 474; 158 N. Y. 678; Meiers v. Met. Gas Light Co., 11 Daly, 119; Shelley v. Westchester Lighting Co., 139…
1Opinion of the CourtCardozo, J.
This action was brought under section 65 of chapter 566 of the Laws of 1890 (now section 62 of the Transportation Corporations Law; Consol. Laws, chap. 63) to recover penalties for the defendant’s refusal to supply the plaintiff with electric light.
On January 27, 1908, the plaintiff made application to the defendant in writing that it supply electric current to an equipment for “ about ten ” incandescent lamps and one one-horse power motor in the building No. 63 Grand street in the city of New York for the period of one year, and thereafter until termination by notice of thirty days. “ The…
2Cases cited4 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1890
- People Ex Rel. Cayuga Power Corp. v. Public Service CommissionNew York Court of Appeals · 1919
- Morningstar v. . Lafayette Hotel Co.New York Court of Appeals · 1914
3Cited by21 opinions
- Joint Council Dining Car Employees Local 370 v. Delaware, L. & W. R.Court of Appeals for the Second Circuit · 1946
- John Zuck v. Interstate Publishing Corp., John Zuck v. Marjorie Bair, Edward Purcell, Martin Goodman and Jean GoodmanCourt of Appeals for the Second Circuit · 1963
- Calagna v. Sheppard-Pollak, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
- Metropolitan Life Insurance v. SchmidtNew York Court of Appeals · 1949
- Pomeranz v. MoreCity of New York Municipal Court · 1946
16 more not listed; retrieve them via the Exa API.