Legal Opinion
Home Insurance v. T. A. Gillespie Loading Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1927PublishedCited by 17 opinions
1Opinion of the CourtProskauer, J.
Plaintiff, subrogated to the rights of its assured, sues for loss of property caused by an explosion in a munitions plant, which it claims was negligently maintained and operated by the defendant. In the separate defenses challenged the defendant asserts that it did not maintain and operate the plant, but that the plant was operated and controlled by the government of the United States. The contract between the government and the defendant is incorporated in the pleadings by stipulation, and standing alone does not as a matter of law substantiate the defendant’s claim.
*68As to the substantive…
2Cases cited3 opinions
- Savage Realty Co. v. LustAppellate Division of the Supreme Court of the State of New York · 1922
- Western Union Telegraph Co. v. PostonSupreme Court of the United States · 1921
- Fisk v. HobernAppellate Division of the Supreme Court of the State of New York · 1923
3Cited by17 opinions
- Brener & Lewis, Inc. v. Fawcett Publications, Inc.New York Supreme Court · 1949
- O'Keefe v. Young & Rubicam, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- O'Sullivan v. Jarach-Guetta Industrial Overseas Co.New York Supreme Court · 1949
- Brennan v. Community Service SocietyCity of New York Municipal Court · 1943
- Goldner Trucking Corp. v. Stoll Packing Corp.New York Supreme Court · 1959
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