Splain v. Utica Gas & Electric Co.

Appellate Division of the Supreme Court of New York

Splain v. Utica Gas & Electric Co.

86 N.Y.S. 1147

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 26, 1904

StatusPublished

This text of 86 N.Y.S. 1147 (Splain v. Utica Gas & Electric Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Splain v. Utica Gas & Electric Co., 86 N.Y.S. 1147 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence was one of fact for the jury; also held, that the plaintiff was not barred from recovery by reason of the fact that he did not own the fee of the land upon which the tree' stood. See Donohue v. Keystone Gas Co. (decided by this court at present term) 85 N. Y. Supp. 478.

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PER CURIAM.

Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendant’s negligence was one of fact for the jury; also held, that the plaintiff was not barred from recovery by reason of the fact that he did not own the fee of the land upon which the tree' stood. See Donohue v. Keystone Gas Co. (decided by this court at present term) 85 N. Y. Supp. 478.

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Bluebook (online)

86 N.Y.S. 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/splain-v-utica-gas-electric-co-nyappdiv-1904.

Opinion

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