Legal Opinion

Jorgensen v. . Squires

New York Court of Appeals

Decided January 15, 1895PublishedCited by 52 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 16, 1892, which sustained defendants’ exceptions, set aside a verdict in favor of plaintiff and granted a new trial.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 16, 1892, which sustained defendants’ exceptions, set aside a verdict in favor of plaintiff and granted a new trial. This action was brought to recover damages for injuries received by plaintiff through falling down the cellar steps, which were covered by wooden doors and led from the sidewalk to the basement of premises situated on Third avenue, in the city of Hew York. The lessees and occupants and owners of the property were made parties defendant. The facts, so far as material, are…

1Opinion of the Court

Andrews, Oh. J.

The jury found on conflicting evidence that the plaintiff fell into a cellarway in front of the premises on Third avenue in the city of Mew York, owned by the corporation defendant and occupied by the other defendants as lessees. The cellarway was projected into the sidewalk a distance of five feet from the building line, and the opening was covered with wooden doors. The plaintiff testified that she was standing on these doors looking into a show window when they fell, and she fell with them into the opening below and was bruised and otherwise injured. The learned trial judge…

2Cases cited3 opinions

  1. Chicago City v. RobbinsSupreme Court of the United States · 1863
  2. Clifford v. . DamNew York Court of Appeals · 1880
  3. Jennings v. . Van SchaickNew York Court of Appeals · 1888

3Cited by52 opinions

  1. Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
  2. Deshong v. . City of New YorkNew York Court of Appeals · 1903
  3. Stetler v. . McFarlaneNew York Court of Appeals · 1921
  4. Yale University v. City of New HavenSupreme Court of Connecticut · 1926
  5. Hatfield v. . StrausNew York Court of Appeals · 1907

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