Reilly v. Vought
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by James M. Reilly against Henry H. Vought and. others. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtFreedman, P. J.
The complaint alleged that the plaintiff at the time he was struck by a falling brick was in front of the premises in question,- and the breach of duty alleged against the' defendants was their failure to guard the premises so as to avoid injury to the plaintiff and others who were lawfully in front of said premises. The plaintiff showed that as one of the shorers in the employ of a contractor named Goodman he was at work in the rear of the building, 'and that at the time he was struck he was in the cellar in the center of the building. This proof was seasonably objected to, and constituted a…
2Cases cited4 opinions
- Rutty v. Consolidated Fruit Jar Co.New York Supreme Court · 1889
- Barnes v. SeligmanNew York Supreme Court · 1890
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1903
- Bossert v. PoerschkeAppellate Division of the Supreme Court of the State of New York · 1900