Neumeister v. Eggers
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Katherine Heumeister, as administratrix, etc., of Henry Heumeister, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk, of the county of Hew York on the 4th day of Hovemher, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
Henry Neumeister, plaintiff’s intestate, while passing along a public sidewalk in the city of New York, was fatally injured by a brick which either fell or was thrown from one of the upper stories of defendant’s building then in process of erection. This action was instituted to recover damages sustained by the widow and next of kin on account of his death, which was alleged to have been caused by the negligence of the defendant. At the beginning of the trial it was admitted that an independent contractor had the entire charge of the construction of the building referred to,…
2Cases cited2 opinions
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Wolf v. American Tract SocietyAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Murphy v. PerlsteinAppellate Division of the Supreme Court of the State of New York · 1902
- Dorn v. Snare & Triest Co.Appellate Terms of the Supreme Court of New York · 1909
- Jehle v. Ellicott Square Co.Appellate Division of the Supreme Court of the State of New York · 1898