Bell v. Brooklyn Union Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leon M. Bell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of December, 1919, dismissing the complaint at the close of the plaintiff’s case after a trial at the Kings County Trial Term, and also from an order made at the Kings County Special Term bearing date the 15th day of October, 1919, and entered in said clerk’s office, denying plaintiff’s motion for a…
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Appeal by the plaintiff, Leon M. Bell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of December, 1919, dismissing the complaint at the close of the plaintiff’s case after a trial at the Kings County Trial Term, and also from an order made at the Kings County Special Term bearing date the 15th day of October, 1919, and entered in said clerk’s office, denying plaintiff’s motion for a new trial made upon the minutes. Plaintiff sues for damages from an explosion of gas on. the morning of September 11,…
1Opinion of the Court
Putnam, J.:
Considering this leak at the joint where the fixture was attached, the jury could have found that the explosion was caused by the act of removing and replacing this fixture the day before. As a distributor of illuminating gas, defendant was required to take care commensurate with the dangers likely to follow from the escape of inflammable gas. (Schmeer v. Gas Light Co., 147 N. Y. 529;. Koelsch v. Philadelphia Co., 152 Penn. St. 355.) But this liability ordinarily does not extend to the condition of the owner’s piping or fixtures. If, however, the gas company has knowledge that such…
2Cases cited2 opinions
- Schmeer v. . Gas Light Co.New York Court of Appeals · 1895
- Lannen v. . the Albany Gas-Light Co.New York Court of Appeals · 1871
3Cited by9 opinions
- Royal v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Ambriz v. Petrolane Ltd.California Supreme Court · 1957
- Reeder v. Western Gas & Power Co.Washington Supreme Court · 1953
- Ray v. Pacific Gas & Electric Co.California Court of Appeal · 1934
- Clarke v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 2002
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