SNITZER v. GOLDSTEIN


277 A.D. 1012 (1950)

Ray Snitzer, as Administratrix of The Estate of Morris Snitzer, Deceased, Respondent, v. Abraham Goldstein et al., Defendants, and Howard Fuel Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 30, 1950.


The plaintiff recovered a verdict on the theory that the appellant, a supplier of fuel oil, pumped oil into a tank in the cellar of a building until the oil overflowed out of a hole in the top of the tank, from which the appellant's driver had removed the cap; that the overflowing oil ran to a pit surrounding the furnace; that in some manner the oil became ignited and burned in the cellar; that the resulting smoke entered the apartment of plaintiff's intestate, who lived...

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