Zecca v. Consolidated Edison Co.

Appellate Terms of the Supreme Court of New York

Zecca v. Consolidated Edison Co.

13 Misc. 2d 451, 179 N.Y.S.2d 754, 1958 N.Y. Misc. LEXIS 3016

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1958

StatusPublished

This text of 13 Misc. 2d 451 (Zecca v. Consolidated Edison Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zecca v. Consolidated Edison Co., 13 Misc. 2d 451, 179 N.Y.S.2d 754, 1958 N.Y. Misc. LEXIS 3016 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

It was essential that plaintiff prove that there was negligence in the conversion from manufactured to natural gas. The proof in that respect was deficient as the assumptions on which the expert relied were not shown to be facts. The rule of res ipsa loquitur does not apply because the stove was not under the control of defendant and the accident was one that in the normal course could have happened without negligence on defendant’s part.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — Steueb, J. P., Hoestadteb and Aurelio, JJ.

Judgment reversed, etc.

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Per Curiam.

It was essential that plaintiff prove that there was negligence in the conversion from manufactured to natural gas. The proof in that respect was deficient as the assumptions on which the expert relied were not shown to be facts. The rule of res ipsa loquitur does not apply because the stove was not under the control of defendant and the accident was one that in the normal course could have happened without negligence on defendant’s part.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.

Concur — Steueb, J. P., Hoestadteb and Aurelio, JJ.

Judgment reversed, etc.

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Bluebook (online)

13 Misc. 2d 451, 179 N.Y.S.2d 754, 1958 N.Y. Misc. LEXIS 3016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zecca-v-consolidated-edison-co-nyappterm-1958.