Appellate Division of the Supreme Court of New York, 1913

Monarch Road Roller Co. v. Stewart-Kerbaugh-Shanley Co.

Monarch Road Roller Co. v. Stewart-Kerbaugh-Shanley Co.
Appellate Division of the Supreme Court of New York · Decided April 15, 1913
156 A.D. 924; 141 N.Y.S. 1132
Monarch Road Roller Co. v. Stewart-Kerbaugh-Shanley Co.

Opinion of the Court

Judgment reversed- and new trial granted, with costs to appellant to abide event. Held, first, that it was a question of fact as to whether it was the negligence of the engineer of the appellant which caused the fife;; and, second, that- in case the jury should find that it was the negligence of the respondent’s engineer which "caused the fire, then the evidence presented a question of fact as to -whether at the time the respondent’s engineer was engaged in the work of the appellant or in the work of the respondent. - All concurred, except Foote, J., who dissented'.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.