Lanigan v. . New York Gas-Light Company
New York Court of Appeals
Appeal from the order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of defendant, entered upon the report of a referee and granting a new trial. This action was brought to recover damages alleged to have been caused by defendant’s negligence.
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Appeal from the order of the General Term of the Court of Common Pleas, in and for the city and county of New York, reversing a judgment in favor of defendant, entered upon the report of a referee and granting a new trial. This action was brought to recover damages alleged to have been caused by defendant’s negligence. The referee found the following facts, in substance, among 'Other things:. During a portion of the year 1870 the defendant supplied gas to the plaintiff at his request, for the purpose of lighting premises then occupied by the plaintiff, and such supply was furnished by means…
1Opinion of the CourtAllen, J.
This case comes before us upon an appeal by the defendant from an order of the New York Common Pleas reversing the judgment of a referee and granting a new trial for errors of law only. The order granting the new trial not stating that the judgment -was reversed upon the facts as well as the law, we have no jurisdiction to review the report of facts by the referee, if there was any evidence to support them. His findings are, in such case, conclusive upon an appeal to this court. (Code, § 268.)
The referee reported adversely to the plaintiff, upon the sole ground that by his own careless and…
2Cases cited1 opinion
- Lannen v. . the Albany Gas-Light Co.New York Court of Appeals · 1871
3Cited by14 opinions
- Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
- Northwestern Ohio Natural Gas Co. v. First Congregational ChurchOhio Supreme Court · 1933
- Canfield v. West Virginia Central Gas Co.West Virginia Supreme Court · 1917
- Consolidated Gas Co. v. CrockerCourt of Appeals of Maryland · 1895
- Pine Bluff Water & Light Co. v. SchneiderSupreme Court of Arkansas · 1896
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