Middleton v. Reutler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dorothea Rentier, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York on the 27th day of January, 1910, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 1st day of March, 1910, deny-, ing the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
The plaintiff, about nine years of age, sustained personal injuries by a pile of lumber falling upon him. The lumber was piled upon a vacant, uninclosed lot adjacent to a lot upon which the defendant was erecting a building. The action was brought to recover the damages sustained by the plaintiff, on the theory that the defendant had permitted children to play upon the lot, and that the lumber was negligently piled. At the trial, at the close of plaintiff’s case, a motion was made.to dismiss the complaint, which was denied, and thereupon, the defendant rested without offering…
2Cases cited7 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Kelly v. BenasSupreme Court of Missouri · 1909
- Birch v. . City of New YorkNew York Court of Appeals · 1907
- Galligan v. Metacomet Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carr v. Oregon-Washington R.R. Nav. Co.Oregon Supreme Court · 1928
- Basmajian v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
- Eason v. StateNew York Court of Claims · 1951
- Kahn v. James Burton Co.Appellate Court of Illinois · 1954