Allen v. Banks
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, John Allen, for a new trial on a case containing exceptions, ordered to be heard at the General Term in the first instance a nonsuit having been granted by the court after a trial in the Superior Court of Buffalo on the 3d day of October, 1895. The defendants are co-partners, and as such were, at the time hereinafter mentioned, engaged in the business of selling ice at the city of Buffalo.
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Motion by the plaintiff, John Allen, for a new trial on a case containing exceptions, ordered to be heard at the General Term in the first instance a nonsuit having been granted by the court after a trial in the Superior Court of Buffalo on the 3d day of October, 1895. The defendants are co-partners, and as such were, at the time hereinafter mentioned, engaged in the business of selling ice at the city of Buffalo. They owned and occupied a large ice house, in which the ice was stored in tiers, and when delivered to customers it was lowered from the top tier by means of a contrivance called a…
1Opinion of the Court
Adams, J.:
This case was tried upon the theory that' it was only necessary to prove the occurrence of the accident and its physical consequences to the plaintiff in order to establish a cause of action against the defendants, and it is singularly destitute of any evidence which will furnish a satisfactory explanation of the particular cause which produced the injury complained of.
In opposition to- the motion for a nonsuit, it was insisted by the plaintiff’s counsel that the accident itself, was of such a character as to raise a presumption of negligence which could only be overcome *407by…
2Cases cited6 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Dobbins v. . BrownNew York Court of Appeals · 1890
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Hart v. . GrennellNew York Court of Appeals · 1890
- Dohn v. DawsonNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lewinn v. MurphyWashington Supreme Court · 1911
- McDonough v. James Reilly Repair & Supply Co.Appellate Terms of the Supreme Court of New York · 1904
- Allen v. BanksAppellate Division of the Supreme Court of the State of New York · 1896