Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp.
Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp.
8 N.E.2d 481; 274 N.Y. 186; 1937 N.Y. LEXIS 834
(North Eastern Reporter, Second Series)
Empire State Ice Co. v. Rochester & Lake Ontario Water Service Corp.
Opinion of the Court
We find in the record no evidence of negligence, even though the duty of the defendant is not to be measured as if the relationship between the parties were that of owner and licensee.
The judgments should be reversed and' a new trial granted, with costs to abide the event. ■ '
Crane, Ch. J., Lehman, O’Brien, Loughran and Finch, JJ., concur; Hubbs and Rippey, JJ.; dissent.
Judgments reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.