Legal Opinion

Brennan v. Ellis

New York Supreme Court

Decided July 8, 1893PublishedCited by 3 opinions

Appeal from circuit court, Rensselaer county. Action by Kate M. Brennan against William Ellis for personal Injuries. From a judgment entered on a verdict-in favor of defendant for $158.51 costs, and also from an order denying a motion for a new trial on the judge’s minutes, plaintiff appeals.

1Opinion of the CourtPutnam, J.

The action was brought to recover damages, for the alleged negligence of the defendant, the owner of an apartment house in the city of Troy, in allowing a bridge laid from the second story of said house to the water-closet in the rear to remain out of repair, in consequence of which plaintiff was severely injured. It is not denied that it was the duty of defendant to use reasonable care in keeping the bridge in a safe condition, nor that the testimony in the case rendered it proper to submit to the jury the question whether said care was in fact used. The court, in his charge, used the…

2Cases cited7 opinions

  1. Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
  2. Roberts v. . TobiasNew York Court of Appeals · 1890
  3. Sturges v. Society for the Promotion of Theological Education at CambridgeMassachusetts Supreme Judicial Court · 1881
  4. Whittaker v. Delaware & H. Canal Co.New York Supreme Court · 1888
  5. Worthington v. ParkerNew York Court of Common Pleas · 1885

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3Cited by3 opinions

  1. Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
  2. Levine v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1903
  3. Sciolaro v. AschAppellate Division of the Supreme Court of the State of New York · 1908

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