Legal Opinion

Tanas v. Municipal Gas Co.

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

Decided July 1, 1903PublishedCited by 10 opinions

Appeal by the plaintiff, Elia Tanas, as administrator, etc., of William Dimitri, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Albany on the 22d day of May, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term.

1Opinion of the Court

Houghton, J.:

The action is for the negligent killing of plaintiff’s intestate. The intestate died, as is claimed, from the effects of illuminating gas, which the defendant negligently allowed to escape from its main. At the time of his death he was a resident alien, being a subject of the Sultan of Turkey. His widow and minor child, his only next of kin, are conceded to have been and now are non-resident aliens, being residents of the province of Macedonia, in, the Ottoman Empire.

The defendant’s motion for a nonsuit was granted on the sole ground that under our statute an action cannot be…

2Cases cited18 opinions

  1. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  2. Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
  3. Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
  4. Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
  5. Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900

13 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Lykiardopoulo v. New Orleans & C. R., Light & PowerSupreme Court of Louisiana · 1910
  2. Imperial Film Exch. v. General Film Co.District Court, S.D. New York · 1915
  3. Trujillo v. PrinceNew Mexico Supreme Court · 1938
  4. Alfson v. . Bush Co.New York Court of Appeals · 1905
  5. In re the Estate of GaffneyNew York Surrogate's Court · 1931

5 more not listed; retrieve them via the Exa API.

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