Summary
In Saul J. Baron Corporation v. Piedmont Fire Ins. Co., 166 Misc. 69, 1 N.Y.S.2d 713 (1937), the court held that the mere charring or burning of electrical wiring resulting from an overload of electrical current was insufficient to show fire damage.
Summary of this case from Hartford Fire Ins. Co. v. Electrical Dist. No. 4Opinion
December 16, 1937.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.
John L. Fletcher, for the appellants.
Horowitz Hurwitz, for the respondent.
Plaintiff had the burden of showing its alleged fire damage. The only evidence of the cause of the alleged fire, charring or burning of electric wiring, was that of an overload of electrical current.
The burning or charring of a wire carrying electric current occurring during or accompanying an overload of current must be regarded as an electrical injury, especially when, as here, there is an absence of evidence showing such burning or charring to be fire as distinguished, if that can be, from electrical injury.
Judgment reversed, with thirty dollars costs, and judgment directed for defendants, with costs.
All concur. Present — LYDON, LEVY and HAMMER, JJ.