Continental Insurance v. New York Gas, Electric Light, Heat & Power Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The case was submitted to the jury upon a wrong theory and under erroneous instructions from the learned trial justice with regard to the burden of proof. (Curran v. W. C. Mfg. Co., 36 N. Y. 153; Kay v. M. S. R. Co., 163 N. Y. 447; Heinmann v. Heard, 62 N. Y. 448; Freedman…
1Opinion of the CourtHaight, J.
This action was brought to recover damages which the plaintiff is alleged to have sustained by reason of insurance which it has been compelled to pay to the owners of various tenements in premises Rimbers 4774-4784 Third avenue in the borough of the Bronx by reason of a fire which destroyed the building and personal property therein on or about the 25th day of February, 1900. The claim of the plaintiff was that the fire was caused by the electric light wires of the defendant through the negligence of its officers or servants.
In submitting the case to the jury the trial court charged that the…
2Cases cited5 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Heinemann v. . HeardNew York Court of Appeals · 1875
- Curran v. Warren Chemical & Manufacturing Co.New York Court of Appeals · 1867
- Ludwig v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Ludwig v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903