Legal Opinion

Lacorazza v. Cantalupo

Court of Appeals for the Second Circuit

Decided January 13, 1914No. 97PublishedCited by 5 opinions

In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment of the District Court, Southern District of New York, in favor of defendant in error, who was plaintiff below.

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In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment of the District Court, Southern District of New York, in favor of defendant in error, who was plaintiff below. The action was brought to recover for personal injuries sustained in consequence of the explosion of a heater connected with a fire protection sprinkler apparatus located on premises occupied by defendant for the conduct of his business, Cantalupo being one of defendant’s employés. The sprinkler apparatus was installed by the owner of the…

1Opinion of the Court

LACOMBE, Circuit Judge.

The action was brought against- two, defendants, Lacorazza and the Vogel Company, which installed the heater. The negligence specifically charged against the latter practically resolved itself into the single question whether or not the heater or pipes immediately connecting, therewith had been provided with a safety valve. As to that question the testimony was conflicting; the jury found for the defendant company and that part of the case has not been brought here by writ of error.

[ 1 ] The plaintiff’s theory as to negligence on the part of Lacorazza was this: The…

2Cases cited5 opinions

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  2. New York Electric Equipment Co. v. BlairCourt of Appeals for the Second Circuit · 1897
  3. Chesapeake & O. Ry. Co. v. StojanowskiCourt of Appeals for the Second Circuit · 1911
  4. Baltimore & O. R. v. CampCourt of Appeals for the Sixth Circuit · 1897
  5. Metropolitan St. Ry. Co. v. KennedyCourt of Appeals for the Second Circuit · 1897

3Cited by5 opinions

  1. Thomson v. BolesCourt of Appeals for the Eighth Circuit · 1941
  2. Chicago & N. W. Ry. Co. v. KellyCourt of Appeals for the Eighth Circuit · 1934
  3. Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
  4. Silver King of Arizona Mining Co. v. KendallArizona Supreme Court · 1921
  5. Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962

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