Sullivan v. Dunham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Carroll Dunham, Theodore H. Dinkel and Philip Jewell, 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 5th day of March, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 5th day of March, 1898, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Carroll Dunham, Theodore H. Dinkel and Philip Jewell, 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 5th day of March, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 5th day of March, 1898, denying the defendants’ motion for a new trial made upon the minutes. Also an appeal by the defendants Theodore H. Dinkel and Philip Jewell from two orders, made at the Westchester Trial Term and entered in said clerk’s office on the…
1Opinion of the Court
Hatch, J.:
When this case was before us on the former appeal, we held that liability for the act of firing the blast did not rest upon the ground *344of negligence, but fell within the domain of wrongful trespass. Upon the present trial the case was not changed in this regard, and the ruling of the court, excluding evidence offered to show absence of negligence upon the part of the defendants, was proper. We also held that, while the deceased had the right to assume that her safety would not be imperilled by any wrongful trespass upon the part of the defendants, yet, having been warned of an…
2Cases cited4 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Murray v. . UsherNew York Court of Appeals · 1889
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Sullivan v. DunhamAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Latta v. HarveyNew Mexico Supreme Court · 1960
- McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Burke v. City & County Contract Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Cerp Construction Co. v. J. J. Cleary, Inc.New York Supreme Court · 1968
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