Brodsky v. Hibel
Appellate Terms of the Supreme Court of New York
Appeal from a judgment rendered in the Municipal Court of the city of New York, borough of Brooklyn, third district, on the 26th day of January, 1916, in favor of the plaintiff and against the defendants.
1Opinion of the CourtBlackmar, J.
Plaintiff stepped into a coal hole in front of and appurtenant to defendants’ premises and badly sprained his ankle and bruised his leg and chest, for which he recovered damages in an action tried by the court without a jury, and defendants appeal.
The facts alleged in the complaint state a cause of action either for nuisance or negligence. The plaintiff, at the end of his case, without being required by the court, elected to stand on negligence. Subsequently, with permission of the court, he withdrew the election. No point is made of this on appeal; but it gives me an opportunity to state my…
2Cases cited3 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Kuechenmeister v. BrownAppellate Division of the Supreme Court of the State of New York · 1896
- Kuechenmeister v. BrownNew York Court of Common Pleas · 1895