Pauley v. Steam Gauge & Lantern Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of October, 1891, which granted a new trial on exceptions to an order made at Circuit granting a motion for a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of October, 1891, which granted a new trial on exceptions to an order made at Circuit granting a motion for a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. The burden of proof rested upon the plaintiff to establish that the death of the plaintiff’s intestate was occasioned solely by the negligence of the defendant, and in the absence of proof indicating the manner of his death, there can be no presumption that it was occasioned…
1Opinion of the CourtFinch, J.
The plaintiff’s intestate lost his life in a lire which consumed the factory of the defendant, and did its work so swiftly and swept through all parts of the structure with such rapidity, that more than thirty of the men employed in the building were unable to escape. The origin of the fire is unknown. No claim is made that it was occasioned by any act or omission of the defendant company, or was in any manner a product or result of its fault or negligence. The ground upon which the action brought to recover damages for the death of the intestate actually rests is that the defendant was…
2Cases cited5 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Bond v. . SmithNew York Court of Appeals · 1889
- Jones v. Granite MillsMassachusetts Supreme Judicial Court · 1878
- Bajus v. . S., B. N.Y.R.R. Co.New York Court of Appeals · 1886
- Keith v. Granite MillsMassachusetts Supreme Judicial Court · 1878
3Cited by75 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Finnegan v. Royal Realty Co.California Supreme Court · 1950
- Knisley v. . PrattNew York Court of Appeals · 1896
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
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