Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp.

New York Court of Appeals

Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp.

8 N.E.2d 481, 274 N.Y. 186, 1937 N.Y. LEXIS 834

DecidedApril 27, 1937

StatusPublished

This text of 8 N.E.2d 481 (Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp., 8 N.E.2d 481, 274 N.Y. 186, 1937 N.Y. LEXIS 834 (N.Y. 1937).

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Opinion

*188 Per Curiam.

We find in the record no evidence of negligence, even though the duty of the defendant is not to be measured as if the relationship between the parties were that of owner and licensee.

The judgments should be reversed and' a new trial granted, with costs to abide the event. ■ '

Crane, Ch. J., Lehman, O’Brien, Loughran and Finch, JJ., concur; Hubbs and Rippey, JJ.; dissent.

Judgments reversed, etc.

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*188 Per Curiam.

We find in the record no evidence of negligence, even though the duty of the defendant is not to be measured as if the relationship between the parties were that of owner and licensee.

The judgments should be reversed and' a new trial granted, with costs to abide the event. ■ '

Crane, Ch. J., Lehman, O’Brien, Loughran and Finch, JJ., concur; Hubbs and Rippey, JJ.; dissent.

Judgments reversed, etc.

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Bluebook (online)

8 N.E.2d 481, 274 N.Y. 186, 1937 N.Y. LEXIS 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-state-ice-co-v-rochester-lake-ontario-water-service-corp-ny-1937.