Wolf v. . American Tract Society
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1898, overruling plaintiff’s exceptions to the dismissal of the complaint against the defendant, the American Tract Society, and sustaining plaintiff’s exceptions to the dismissal of the complaint against the defendants John Downey, Louis Weber and Edward Weber, which exceptions had been ordered to be heard in the first instance by the Appellate…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1898, overruling plaintiff’s exceptions to the dismissal of the complaint against the defendant, the American Tract Society, and sustaining plaintiff’s exceptions to the dismissal of the complaint against the defendants John Downey, Louis Weber and Edward Weber, which exceptions had been ordered to be heard in the first instance by the Appellate Division, and directing judgment in favor of said defendant, the American Tract Society, and granting a new trial as to…
1DissentHaight, J.
The plaintiff was injured by a brick falling from a building twenty-three stories in height in process of construction, belonging to the defendant, the American Tract Society. The appellants, Downey, Louis and Edward Weber, with others, were contractors, each agreeing to do a special part of the work. The question presented by the record is as to whether the plaintiff can recover of any of the defendants without showing the particular person who dropped or caused the brick to fall.
It appears to be conceded that if the society was constructing the building itself, through its own servants, the…
2Cases cited15 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
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