Dobbs v. Northern Union Gas Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, First District. Action by Willoughby B. Dobbs against the Northern Union Gas Company. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtLehman, J.
The plaintiff sues for damages for trespass. At the trial it was shown that the alleged trespass was an entry upon the premises for the purpose of disconnecting the gas meter for nonpayment of rent. It appears that the defendant’s agent entered the premises without force or opposition, but without the plaintiff’s permission.
*793[1] At the trial the plaintiff was permitted, over the defendant’s objection, to show that the agent exhibited no written authority. The plaintiff’s counsel then stated:
“We claim a trespass, and under the transportation law and the decisions construing it the company or a…
2Cases cited2 opinions
- Reed v. New York & Richmond Gas Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Fortescue v. Kings County Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Dobbs v. Northern Union Gas Co.Appellate Terms of the Supreme Court of New York · 1912
- Jackson v. United StatesDistrict of Columbia Court of Appeals · 1978