Irish v. Union Bag & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Washington County. Action by Lemanda J. Irish, as administratrix of Algy J. Irish, deceased, against the Union Bag & Paper Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed. . Plaintiff sues as administratrix of Algy J. Irish, deceased, to recover damages for the death of said Irish, caused, as it is claimed, by the defendant’s negligence.
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Appeal from Trial Term, Washington County. Action by Lemanda J. Irish, as administratrix of Algy J. Irish, deceased, against the Union Bag & Paper Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed. . Plaintiff sues as administratrix of Algy J. Irish, deceased, to recover damages for the death of said Irish, caused, as it is claimed, by the defendant’s negligence. Defendant is the owner of sulphite mills at Fenimore* in Washington county. The acid tower faced toward the east, a little longer north and south than east and…
1Opinion of the CourtSmith, J.
The right of the jury to find that defendant’s negligence caused this accident is not questioned by the appellant’s counsel *697in his brief. The breaking of the lead pipe and the tapping of the wire left a part of the wire thus insulated exposed. The dripping of the acid upon this exposed part ate away the insulation, so that the lead' pipe in which the wire was encased became charged with electricity from the wire. Of the fact of this leakage of electricity the defendant had full knowledge, and the' jury rightfully found that the defendant negligently failed to furnish a safe place in which the…
2Cases cited6 opinions
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- McHugh v. Manhattan Railway Co.New York Court of Appeals · 1904
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Fejdowski v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1980
- Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1980
- Voorhees v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905