Jones v. Rochester Gas & Electric Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 19, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 19, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in granting defendant’s motion dismissing the complaint of the plaintiff as to the second and third causes of action set out therein. (R. S. [9th ed.] 1356, § 65; Meirs v. M. G. L. Co., 14 Wkly. Dig. 552.) The court erred in instructing the jury that…
1Opinion of the CourtCullen, J.
The plaintiff brought this action to recover the penalties prescribed by section 65 of the Transportation Law, for the failure of the defendant to furnish him illuminating gas. The complaint states three causes of action. The first was for a failure to supply gas to an apartment house owned by the plaintiff; the second, for failure to supply gas at the plaintiff’s residence, and the third, for a similar failure as to the plaintiff’s offices in the Granite Building in the city of Rochester. In the second cause of action it was alleged that a proper application was made to the defendant company…
2Cases cited2 opinions
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
3Cited by9 opinions
- Griffin v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Cox v. . PaulNew York Court of Appeals · 1903
- Hansen v. Vallejo Electric Light Etc. Co.California Supreme Court · 1920
- State Ex Rel. Brett, Co. v. North Am. Life Ins. Co. of ChicagoSupreme Court of Oklahoma · 1950
- Gordon v. HochbergAppellate Terms of the Supreme Court of New York · 1944
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