Bennett v. Eastchester Gas Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Eastohester Gas Light Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 5th day of October, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day'of October, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The action is brought against a gas company to recover the penalty imposed by section 65 of the Transportation Corporations Law (Chap. 566, Laws of 1890) for a failure to supply the plaintiff with gas, at, his office, room No. -2 in the post office building, at Mount Vernon, N. Y. The plaintiff’s occupancy of the office- began-about January 31, 1897. On the fifth day of February he attempted to light the gas and discovered that there was no flow. It appeared on the trial *75that the meter had been removed a few days previously by the defendant at the request of the prior occupant…
2Cases cited3 opinions
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Andrews v. North River Electric Light & Power Co.City of New York Municipal Court · 1898
- Bennett v. Eastchester Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Montalvo v. Consolidated Edison Co. of New York, Inc.New York Supreme Court · 1981
- Moffat v. New York Edison Co.Appellate Terms of the Supreme Court of New York · 1909