Casey v. Auburn Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The Auburn Telephone Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, a jury having rendered a verdict in favor of the plaintiff after a trial at the Cayuga Trial Term in May, 1912.
1Opinion of the Court
Robson, J.:
Plaintiff’s action, in which he has obtained a verdict against defendant, was based upon the allegation that his intestate came to her death by reason of an injury received because of a fall on a defective sidewalk in the city of Auburn, for the defective condition of which defendant was responsible. Intestate’s injury, which, as the jury has found, caused her death, was received in April, 1907. She died about three years and ten months later. Defendant by its answer pleaded as a separate defense that plaintiff’s cause of action had not accrued within three years of his intestate’s…
2Cases cited11 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- Miller v. F. Beck & Co.Supreme Court of Iowa · 1899
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
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3Cited by12 opinions
- Rector of St. James Church v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
- Landau v. Hertz Drivurself Stations, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Kinsey v. William Spencer & Son Corp.New York Supreme Court · 1937
- Gavin v. MalherbeNew York Supreme Court · 1932
- Carpenter v. W. H. McElwain Co.Supreme Court of New Hampshire · 1916
7 more not listed; retrieve them via the Exa API.