Legal Opinion

Montgomery v. Sartirano

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

Decided July 1, 1897PublishedCited by 4 opinions

Appeal by the defendants, Angelino Sartirano and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of October, 1896, denying the defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Cullen, J.:

• This, action was brought to recover damages for personal injuries alleged to have been inflicted by the servant of the defendants upon the plaintiff. ■ The .defendants kept a lodging house in the city of New York. The plaintiff had stayed there one or two' nights. According to the plaintiff’s story he was sitting in the reading room when the porter of the defendants directed him. to leave the premises, with which direction he compliedthat while going, down the-stairs the porter pushed him, causing him to fall, as the result of' which his leg was broken. The porter’s story was…

2Cases cited1 opinion

  1. Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876

3Cited by4 opinions

  1. Dupre v. ChildsAppellate Division of the Supreme Court of the State of New York · 1900
  2. Continental Nut Co. v. BensonDistrict Court, N.D. California · 1958
  3. Sandles v. LevensonAppellate Division of the Supreme Court of the State of New York · 1903
  4. Sandles v. LevensonAppellate Division of the Supreme Court of the State of New York · 1903

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