Legal Opinion

Reiss v. New York Steam Co.

New York Court of Appeals

Decided June 16, 1891PublishedCited by 24 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 7, 1891, which modified, and affirmed as modified, a-judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The burden of proving defendant’s negligence is on the plaintiffs.

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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 7, 1891, which modified, and affirmed as modified, a-judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The burden of proving defendant’s negligence is on the plaintiffs. (Holbrook v. N. & S. R. R. Co., 12 N. Y. 236; Whitworth v. E. R. Co., 87 id. 413; Desmond v. Rose, 14 J. & S. 569; Cordell v. N. Y. C. & H. R. R. R. Co., 75 N. Y. 330; Hart v. H. R. R. Co., 84 id. 56; Riceman v.…

1Opinion of the CourtEarl, J.

This action was brought to recover damages to goods in the basement of a store occupied by the plaintiffs in the city of Hew York caused by steam. The defendant was a corporation whose business it was to furnish steam in the city of New York for the purposes of heat and motive power, and the plaintiffs desiring steam for the running of the elevator in their store and for heating purposes, made a contract with the defendant for a supply of steam by means of a connection in their basement with defendant’s mains or pipes under the street, and a system of pipes, valves and meters set up by it in…

2Cases cited1 opinion

  1. Losee v. . BuchananNew York Court of Appeals · 1873

3Cited by24 opinions

  1. Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
  2. Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
  3. City of Denver v. SpencerSupreme Court of Colorado · 1905
  4. Bruckel v. J. Milhau's SonAppellate Division of the Supreme Court of the State of New York · 1907
  5. Reynolds v. Merchants' Woolen Co.Massachusetts Supreme Judicial Court · 1897

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