Fullerton v. Glens Falls Gas & Electric Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Glens Falls Gas and Electric 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 Warren on the 3d day of June, 1912, and also from an order entered in said clerk’s office on the 21th day of June, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The plaintiff owns a house and lot in Glens Falls. In 1907 there were thirteen shade trees around the premises. Along the front of the house were four elm trees standing about twenty feet apart between the curb and the sidewalk. These trees were about thirty years old, were about eighteen or twenty inches in diameter, the tops were large and very nice. In 1907 the defendant laid gas mains in First street in front of the plaintiff’s premises. Soon after the gas was turned into the mains its odor was smelled in the immediate vicinity of the trees, grass turned “yellow and…
2Cases cited5 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Hutchinson v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1877
- Hammerschmidt v. Municipal Gas Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Fullerton v. Glens Falls Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- Araujo v. NJ Natural Gas Co.New Jersey Superior Court Appellate Division · 1960
- Crockett v. TroykCourt of Appeals of Texas · 1935
- George Foltis, Inc. v. City of New YorkNew York Supreme Court · 1940
- March v. Carbide & Carbon Chemicals Corp.Appellate Division of the Supreme Court of the State of New York · 1943