De Courcey v. R. U. Delapenha & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, R. U. Delapenha & Co. 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 New York on the 25th day of March, 1915, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on or about the 1st day of April, 1915, denying said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Plaintiff slipped and fell upon a sidewalk in front of certain premises in the city of New York of which defendants R. U. Delapenha & Co. were general lessees, and a firm in which appellant MeCabe was a partner was sublessee of the store and basement. It was attempted by plaintiff to prove, or rather to induce an inference, for of proof there was none, that the sidewalk had been rendered slippery by the act of the defendants MeCabe in permitting butter to melt and run on the walk. As the court correctly said in its charge, there was not a scintilla of evidence that there was any…
2Cases cited2 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Brown v. WysongAppellate Division of the Supreme Court of the State of New York · 1896