Brown v. Wysong
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles W. Brown, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of November, 1895, upon the decision of the court rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Ingraham, J.:
The complaint alleges that the defendant is the owner and occupant of the premises known as No. 30 East Thirty-fourth street in the city of New York, and as such owner and occupant had and has the care and control of the areas, areaways and other appurtenances therewith connected and belonging; that on the 30th day of January, 1895, a sheet of ice partially covered the portion of the sidewalk in said East Thirty-fourth street, a public street or highway in front of said premises, and ran or extended from a gate or door leading from an area, or areaway, of said premises into and…
2Cases cited3 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
- McGoldrick v. New York Central & Hudson River RailroadNew York Supreme Court · 1892
3Cited by4 opinions
- Eldred v. KeenanAppellate Division of the Supreme Court of the State of New York · 1914
- Zellers v. Seattle Lodge No. 92 Benevolent & Protective Order of ElksWashington Supreme Court · 1916
- De Courcey v. R. U. Delapenha & Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Eldred v. KeenanAppellate Division of the Supreme Court of the State of New York · 1914