McGowan v. Morgan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas McGowan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of May, 1913, upon a dismissal of the complaint by direction of the court at the close of the plain biff’s case upon a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
Hotchkiss, J.:
By this action it is sought to hold defendant as “ owner ” of a tenement house for injuries suffered on December 19, 1909, by plaintiff because of defendant’s alleged violation of section 76 of the Tenement House Law (Consol. Laws, chap. 61; Laws of 1Q09, chap. 99),* which reads as follows: “In every tenement house a proper light shall be kept burning by the owner in the *589public hallways,” etc. The complaint was dismissed because of plaintiff’s failure to prove that defendant was “owner” of the premises. The meaning of the word “ owner ” as used in this section is somewhat vague.…
2Cases cited2 opinions
- McCann v. DavisonAppellate Division of the Supreme Court of the State of New York · 1911
- Jackson ex dem. Sitzer v. WaltermireNew York Supreme Court · 1826
3Cited by4 opinions
- RCA Photophone Inc. v. HuffmanCalifornia Court of Appeal · 1935
- King v. Six Ninety & Two Realty Corp.Appellate Terms of the Supreme Court of New York · 1934
- Williams v. UtNew York Supreme Court · 1924
- Ashkenas v. Igood Realty Co.Appellate Division of the Supreme Court of the State of New York · 1927