Springfield Fire & Marine Insurance v. Village of Keeseville
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 14, 1894, which reversed a judgment in favor of defendant sustaining a demurrer to the complaint entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 14, 1894, which reversed a judgment in favor of defendant sustaining a demurrer to the complaint entered upon a decision of the court on trial at Special Term. The complaint sets forth that the plaintiff is a Massachusetts corporation and that the defendant is a village organized under the provisions of chapter 291 of the Laws of the state of Mew York, passed in 1870, and the amendments thereto ; that the plaintiff carried on the business of fire insurance within the…
1Opinion of the CourtGray, J.
The learned justice who spoke for the General Term, in a very elaborate and interesting opinion, proceeded, very correctly, as I think, upon the assumption that the negligence charged against the defendant in the complaint related ■entirely to its water works system. In the view which we take of the matter, it is of comparatively- little consequence whether the plaintiff bases its right of action upon negligence with respect to the fire department as such, or to the water department as such. But the fair reading of the complaint undoubtedly warrants the assumption of the learned justice •at…
2Cases cited9 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Lloyd v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Workman v. New York CitySupreme Court of the United States · 1900
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Esberg Cigar Co. v. City of PortlandOregon Supreme Court · 1899
- Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
67 more not listed; retrieve them via the Exa API.