Legal Opinion

Bond v. . Smith

New York Court of Appeals

Decided April 16, 1889PublishedCited by 46 opinions

Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence on the part of defendants, causing the death of Martin W. Bond, plaintiff’s intestate. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made April 19, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence on the part of defendants, causing the death of Martin W. Bond, plaintiff’s intestate. The material facts are stated in the opinion. To enable the plaintiff to maintain this action she must show that her intestate was free from negligence which caused or contributed to the injury; that the defendants were guilty of…

1Opinion of the CourtEarl, J.

This action was brought to recover damages from the defendants on account of the death of plaintiff’s intestate, caused by his falling into an open and unprotected .area upon the premises of defendants just outside of Webster .alley, in the city of Buffalo.

In September, 1884, the defendants, Smith & Davis, •owned a rot twenty feet wide with a store thereon, occupied by defendant Bassett as their tenant, the front of which was ■ on Main street and the rear thereof was upon the alley. The rear of the store came within about three feet of the westerly side of the alley, and the space between the…

2Cases cited2 opinions

  1. Beck v. . CarterNew York Court of Appeals · 1877
  2. Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878

3Cited by46 opinions

  1. Laidlaw v. . SageNew York Court of Appeals · 1899
  2. Ham v. County of Los AngelesCalifornia Court of Appeal · 1920
  3. Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
  4. Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
  5. Schoepflin v. . CoffeyNew York Court of Appeals · 1900

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