Legal Opinion

Fortescue v. Kings County Lighting Co.

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

Decided November 20, 1908PublishedCited by 1 opinion

Appeal by the defendant, Kings County Lighting Company, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff.

1Opinion of the Court

Gaynor, J. :

The workmen of the defendant went into the cellar of the house occupied by the plaintiff as tenant and changed the old gas meter for a new one without first getting his permission. This was on April 26th, and the plaintiff moved out on May 6th following; and still he was given a judgment of .$150 damages by the Justice. He was not entitled to more than nominal damages. The plaintiff and his wife testified that the cellar door was fastened on the inside by an ordinary hook and staple when closed, and that after the defendant’s men were there the hook would not go down into the…

2Cases cited1 opinion

  1. Reed v. New York & Richmond Gas Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. Dobbs v. Northern Union Gas Co.Appellate Terms of the Supreme Court of New York · 1912

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