Ryan v. Phipps
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry Phipps, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of. February, 1911, upon the verdict'of a jury for $5,000, and also from an order entered in said clerk’s office on the 3d day of March, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The plaintiff has recovered a judgment for personal injuries on the theory that they were caused by. the negligence of the defendant. . The defendant owned the private residence situate at the northeast corner of Fifth avenue and Eighty-seventh street in the borough of Manhattan, New York. The accident occurred at about seven-thirty o’clock on the evening of the 29th day of September, 1908. At this time the house had been closed for the summer and the defendant and his family were at Lenox, Mass. He had left a housemaid in charge of the house, and employed a night watchman to…
2Cases cited2 opinions
- Geibel v. ElwellAppellate Division of the Supreme Court of the State of New York · 1897
- Erjauschek v. KramerAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Fay v. De CampNew York Court of Appeals · 1931
- Howland v. Tri-State Theatres Corp.Court of Appeals for the Eighth Circuit · 1944