Clare v. National City Bank
The Superior Court of New York City
Wm. K. Clare sued the National City Bank, to recover damages for injuries sustained by him by the fall of a board from their buildings in Wall-street, as he was passing upon the sidewalk, while the buildings were undergoing repair or alteration.
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Wm. K. Clare sued the National City Bank, to recover damages for injuries sustained by him by the fall of a board from their buildings in Wall-street, as he was passing upon the sidewalk, while the buildings were undergoing repair or alteration. The complaint alleged that defendants owned and occupied the buildings, and that at a time named they were “making alterations and repairs upon their said buildings,” by reason of which it was unsafe for persons to pass on the sidewalk, which defendants knew, but that they wrongfully omitted to provide barriers or warnings ; and that plaintiff, while…
1Opinion of the Court
By the Court.—Van Vorst, J.
The rulings of the learned judge on the trial, in the rejection of the evidence offered by the defendants, and in his charge to the jury, proceded upon the construction he gave to the word “caused” in the answer. He held substantially that it was an admission on the defend-ants’ part that the workmen and persons actually engaged in the alterations, were the servants, and in the employment of the defendants. If he was correct in that construction, his rulings should not be disturbed.
In construing particular portions of its language, other parts of the pleading are…
2Cases cited7 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Richards v. EdickNew York Supreme Court · 1853
- Bunge v. . KoopNew York Court of Appeals · 1872
- Beach v. Bay State Steamboat Co.New York Supreme Court · 1859
- Spear v. DowningNew York Supreme Court · 1861
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