Wetsell v. Reilly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas A. Reilly and another, from a judgment of the Supreme Court in .favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day of December, 1912, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 27th day of December, 1912, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
' The defendant, T. Reilly, was a contractor at work on a sewer in West 72d street near Columbus "avenue, New York *689city. ’^^^^BB^lefendant, P. Eeilly, is the father of T. Eeilly aHPHáhis servant. T. Eeilly maintained a shanty on the surface of the street incidental to this work. About 7:20 a. m. of November 23, 1911, P. Eeilly lighted a fire in the shanty where there was a stove, and then walked down the street to talk with his son and to show the men what to do. Smoke was seen coming out of the top and through the cracks of the shanty, and quickly an explosion followed which…
2Cases cited12 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Heeg v. . LichtNew York Court of Appeals · 1880
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
- People v. SandsNew York Supreme Court · 1806
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3Cited by3 opinions
- Lee v. Consolidated Edison Co.Civil Court of the City of New York · 1978
- Casey v. Wynatol Realty & Hotel Co.Appellate Terms of the Supreme Court of New York · 1915
- State of Maryland v. Branch Motor Express Co.New York Supreme Court · 1953