Bennett v. Eastchester Gas Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Eastchester 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 12th day of October, 1898, upon the verdict of a jury rendered by direction of the court.
1DissentGoodrich, P. J.
The plaintiff sues under section 65 of the.Transportation Corporations Law* (2 R. S. [9th ed.] 1356), to recover the penalties therein provided for the refusal or neglect of the defendant to supply him with gas at his office in Mt. Vernon. He had occupied a house formerly occupied by one McNair, and moved out the last of December, 1895, paying the company for all gas burned up to January 1,1896. There was no evidence to show that any gas was consumed by the plaintiff in the house thereafter, but the defendant set up in the answer and claimed at the trial that gas had been consumed in January,…
2Cases cited2 opinions
- Switzer v. NortonAppellate Division of the Supreme Court of the State of New York · 1896
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896