Citations
- 7 A.D. 474
Full opinion text
Hardin, P. J.:
Numerous questions are presented in this case similar to those which have been discussed and passed upon in the action which arose in the Municipal Court and was tried in the County Court and brought before us at this term, and it is not seemly that those questions should again be discussed.
The trial judge, in his charge - to the' jury, said : “ There is only one disputed question of fact here for you to decide, and that is a very simple one, and that is whether or not the six hundred feet of gas which flowed through the fuel meter from the 22d of April, from the time the range was put in, until the time the gas was turned off by Jones on the 23d of April, was caused to flow through the meter by reason of the carelessness of the employees of defendant.” After (commenting quite extensively upon the evidence, the judge further said; “Upon the subject of whether it was their duty to put the meters in, the question is whether or not this eighty-four cents was due. That depends upon whether the amount of gas that escaped through there was, as stated by Mr. Jones, permitted to escape because of the carelessness of these people between 'the Friday when they put in the gas range' and the time the gas was turned