Superior Fire Insurance of Pittsburgh v. George F. Driscoll Co.

Appellate Division of the Supreme Court of New York

Superior Fire Insurance of Pittsburgh v. George F. Driscoll Co.

238 A.D. 875

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

DecidedMarch 15, 1933

StatusPublished

This text of 238 A.D. 875 (Superior Fire Insurance of Pittsburgh v. George F. Driscoll 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.

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Superior Fire Insurance of Pittsburgh v. George F. Driscoll Co., 238 A.D. 875 (N.Y. Ct. App. 1933).

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Opinion

As to defendants George F. Driscoll Company and Callanan and McGinn, judgment unanimously affirmed, with costs. As to defendant Marino, judgment reversed on the law and the facts and a new trial granted, costs to abide the event, upon the ground that a prima facie case of negligence was made out by the proof which showed an unusual emission of smoke and sparks, sufficient to occasion the fire, which, the jury could infer, resulted from an improper handling of the steam shovel or from the absence of a protective screen. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur.

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As to defendants George F. Driscoll Company and Callanan and McGinn, judgment unanimously affirmed, with costs. As to defendant Marino, judgment reversed on the law and the facts and a new trial granted, costs to abide the event, upon the ground that a prima facie case of negligence was made out by the proof which showed an unusual emission of smoke and sparks, sufficient to occasion the fire, which, the jury could infer, resulted from an improper handling of the steam shovel or from the absence of a protective screen. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur.

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238 A.D. 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/superior-fire-insurance-of-pittsburgh-v-george-f-driscoll-co-nyappdiv-1933.