Leeds v. . Metropolitan Gas-Light Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 27, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. . This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 27, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. . This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. The material facts are stated in the opinion. To recover substantial damages, some evidence must be given to the jury upon which they may base their finding, where the subject-matter is, from its nature, capable of such proof. The value of one’s time is capable of such…
1Opinion of the CourtFinch, J.
We think there was error in the mode of submitting to the jury the question of damages. Whether there was any evidence of negligence on the part of the defendant company upon which the verdict can rest, has been the principal controversy on the appeal, but need not be decided, since upon the new trial which must result the facts may be entirely different. If the evidence is insufficient now, it is possible that it may be made sufficient then.
The plaintiff was injured by an explosion of gas in the cellar or vault of the house occupied by him, and which had escaped from a break in the…
2Cases cited3 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Grant v. City of BrooklynNew York Supreme Court · 1864
- Brantingham v. FayNew York Supreme Court · 1800
3Cited by54 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- People Ex Rel. Deverell v. Musical Mutual Protective UnionNew York Court of Appeals · 1889
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
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