Legal Opinion

Callan v. Pugh

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 11 opinions

Appeal by the plaintiff, William J.. Callan, from a judgment of the Supreme Court in- favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of April, 1900, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Kings County Trial Term, also from an order entered in said clerk’s office on the 14th day of April, 1900, dismissing the complaint, and also from an order •entered in…

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Appeal by the plaintiff, William J.. Callan, from a judgment of the Supreme Court in- favor of the defendant, entered in the office of the clerk of the county of Kings on the 14th day of April, 1900, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Kings County Trial Term, also from an order entered in said clerk’s office on the 14th day of April, 1900, dismissing the complaint, and also from an order •entered in said clerk’s office on the 1st day of March, 1900, denying the plaintiff’s motion for leave to go to the jury and for a…

1Opinion of the Court

Goodrich, P. J.:

The complaint alleged that the defendant was the owner of a building on Fifteenth street in the borough of Manhattan; that the plaintiff was a bricklayer working in the cellar in constructing a pier *546with the permission of the defendant; that above the place where the plaintiff was working was a covering of stone, •which through the defendant’s negligence was dangerous and unsafe and known to defendant to be so, and that by reason of defendant’s negligence the covering collapsed and fell upon the plaintiff. At the opening of the trial the defendant moved to dismiss the…

2Cases cited4 opinions

  1. Wyllie v. . PalmerNew York Court of Appeals · 1893
  2. Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
  3. Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
  4. Splittorf v. . State of New YorkNew York Court of Appeals · 1888

3Cited by11 opinions

  1. Denneau v. Indiana & Michigan Electric CompanyIndiana Court of Appeals · 1971
  2. Gagnon v. St. Maries Light & Power Co.Idaho Supreme Court · 1914
  3. Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
  4. Murk v. AronsenWashington Supreme Court · 1961
  5. Looney v. Prest-O-Lite Co.Indiana Court of Appeals · 1917

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