Legal Opinion · Dissent

Pernick v. Central Union Gas Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1918Published

Appeal by the plaintiff, Sarah Pernick, from a judgment of the County Court of Bronx county, entered in the office of the clerk of said county on the 20th day of November, 1917, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.

1Dissent

Shearn, J. (dissenting):

The action,is for damages for personal injuries caused by the explosion of a gas range located in the apartment of the plaintiff. The gas stoves in the house where the plaintiff was a tenant were rented by the owner from the defendant for the use of the tenants. It appears that the defendant maintained at its office a complaint bureau to which users of its rented ranges were invited to make complaints when the ranges were out of order, and that on receipt of complaints it was the practice of the defendant to send its own employees to inspect ranges, ascertain the cause…

2Cases cited1 opinion

  1. Krzywoszynski v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1896

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