Flaherty v. Metro Stations, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Hubbs, J.:
The defendant owns and operates two large oil tanks, situate one hundred and twenty-five feet from the street on an open lot in the city of Olean. One of the tanks is used for gasoline. There is a private right of way leading to the tanks which is used by vehicles. Delivery tanks are filled from these large tanks. In front of the tanks there is a wooden platform twelve or fifteen feet long and six feet wide. The tanks are contained in a depression in the ground but they are not inclosed by a wall, fence or building.
*584On October twenty-second the plaintiff, nine years of age, with two…
2Cases cited9 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Hynes v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Travell v. . BannermanNew York Court of Appeals · 1903
- Hall v. . New York Telephone Co.New York Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Toll v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Jenkins v. 313-321 W. 37th Street Corp.New York Court of Appeals · 1940
- Parnell v. Holland Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1932
16 more not listed; retrieve them via the Exa API.