Hammerschmidt v. Municipal Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Municipal Gas Company, from a judgment of the County Court of Albany county in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 8th day of June, 1905, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the ■ 8th day of June, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
By this judgment defendant has been charged with damages for negligence in permitting the leakage of gas in a street in the city of Albany, which leakage permeated through the soil of the street and into the basement of a house wherein the plaintiff had rooms. The odor of the gas caused the plaintiff to become sick and unable to work to her pecuniary damage. Plaintiff occupied the basement of the premises 158 Grand street from November, 1903, until March, 1901. During all this time she claims that there was an odor of gas in her apartments which affected the health both of herself…
2Cases cited1 opinion
- Hutchinson v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1877
3Cited by6 opinions
- Laurent v. United Fuel Gas Co.West Virginia Supreme Court · 1926
- Nomath Hotel Co. v. Kansas City Gas Co.Missouri Court of Appeals · 1920
- Ward v. Iroquois Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Fullerton v. Glens Falls Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Pincus v. SchlechterAppellate Division of the Supreme Court of the State of New York · 1915
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