Murphy v. Perlstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Perlstein, 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 17th day of December, 1901, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 18th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
By this action the plaintiff seeks to recover damages for injuries which it is alleged she sustained on account of the negligence of the defendant in causing an excavation to remain open and unguarded immediately adjacent to the sidewalk upon a public street. It appeared from the evidence in the case that the defendant was the owner of certain premises situate at the corner of Oak and Oliver streets in the borough of Manhattan in the city of Hew York, and for the purpose of building thereon had caused to be made a deep excavation next to the line of the street and had left it in an…
2Cases cited7 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Roemer v. . StrikerNew York Court of Appeals · 1894
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Olah v. KatzMichigan Supreme Court · 1926
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
- Lafferty v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Collins v. DeckerAppellate Division of the Supreme Court of the State of New York · 1907
5 more not listed; retrieve them via the Exa API.