Scott v. . Curtis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 6, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 6, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The burden was upon the plaintiff to show that the judgment in the former action was awarded against him for some reason or other than his own negligence, and the evidence is entirely insufficient to establish that fact. (O. S. N. Co. v. Co. Tr.…
1Opinion of the CourtChase, J.
The plaintiff is the owner of certain real property in the city of New York on which is a house, and under the sidewalk in front of the house are coal bins used in connection with said house and through the sidewalk is an opening or coal hole and a chute leading into said coal bins. The plaintiff purchased of the defendants fifteen tons of coal to be delivered in said bins. The defendants’ employees came with a load of said coal and the plaintiff showed them where to remove the fastenings to the cover over said coal hole and saw them remove said cover and the load of coal was delivered in the…
2Cases cited9 opinions
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Phœnix Bridge Co. v. CreemAppellate Division of the Supreme Court of the State of New York · 1905
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Phoenix Bridge Company v. . CreemNew York Court of Appeals · 1906
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3Cited by92 opinions
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- Allison v. Shell Oil Co.Illinois Supreme Court · 1986
- Tipaldi v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Globe Indemnity Co. v. SchmittOhio Supreme Court · 1944
- Bond v. Otis Elevator CompanyTexas Supreme Court · 1965
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