Fiske v. . Bailey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. The plaintiff, in her complaint, alleged that in May, 1863, the defendant was “ the keeper of a public boarding-house in the village of Yonkers,” with whom she entered into an agreement for board and apartments, at a given price per week; that at the time a cistern for the reception of rain water had been constructed on the boarding-house premises, located in the usual pathway to the entrance of the house; that she was ignorant of its…
1Opinion of the Court
Gray, C.
I do not concur in the doctrine substantially announced by the learned judge at circuit, that where the husband and wife are domiciled upon premises, the separate and exclusive property of the wife, that the husband is in legal presumption so in control of the premises as to make him responsible to a party, who enters thereon by permission of his wife, for injuries sustained by the careless leaving a pit thereon to remain uncovered. In such a case the wife alone would be responsible. (Rowe v. Smith, 45 N. Y., 230, 233.) To make the husband jointly or separately responsible, some…
2Cases cited1 opinion
- Rowe v. . SmithNew York Court of Appeals · 1871
3Cited by9 opinions
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- Dangel v. LevyIdaho Supreme Court · 1878
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
- Brady v. HutkoffThe Superior Court of the City of New York and Buffalo · 1895
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