Cibulski v. Hutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Hutton and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 1st day of March, 1899, upon the verdict of a jury for $850, and also from an order entered in said clerk’s office, on the 25th day of February, 1899, denying the defendants’ motion for a new trial made upon, the minutes.
1Opinion of the Court
Landon, J.:
The recovery was upon account of personal' injuries sustained by the plaintiff from an explosion of a powder mill or magazine located in the city of Kingston. In Prussak v. Hutton (30 App. Div. 66) we sustained a recovery against these defendants in favor of the plaintiff in that case for personal injuries caused by the same explosion. The recovery was not placed upon the ground of the defendants’ negligence, but upon evidence sufficient to support the finding of the jury that the powder mill in the place where it was situate, with reference to the dwelling in which the plaintiff…
2Cases cited4 opinions
- Moett v. . People of the State of New YorkNew York Court of Appeals · 1881
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Prussak v. HuttonAppellate Division of the Supreme Court of the State of New York · 1898
- Peyser v. Coney Island & B. R.New York Supreme Court · 1894
3Cited by5 opinions
- Keefe v. . LeeNew York Court of Appeals · 1909
- Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Kleebauer v. Western Fuse & Explosives Co.California Supreme Court · 1902
- In re KrcelicCivil Court of the City of New York · 1977
- Evans v. City of New YorkNew York Supreme Court · 1972