Caruso v. Troy Gas Co. — 209 N.Y. 510

Majority

p. 510

Angela Caruso, as Administratrix of the Estate of Luigi Caruso, Deceased, Respondent, v. Troy Gas Company, Appellant.

Headnote

Caruso v. Troy Gas Co., 153 App. Div. 431 , affirmed.

(Argued May 21, 1913;

decided June 10, 1913.)

Appeal from a judgment, entered November 15, 1912, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial and reinstated said verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant.

H. D. Bailey for appellant.

John F. Murray and Andrew J. Nellis for respondent.

Judgment affirmed, with costs, on the ground that the evidence was sufficient to justify the finding of the jury that the defendant maintained a nuisance; no opinion.

Concur: Gray, Willard Bartlett, Chase, Ouddeback,' Hogan and Miller, JJ. Absent: Cullen, Oh. J.

Cases cited

Caruso v. Troy Gas Co. 153 App. Div. 431 N.Y. App. Div. 1912-11-13 p. 510