Legal Opinion

Weller v. . Consolidated Gas Co.

New York Court of Appeals

Decided March 4, 1910PublishedCited by 22 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The owner of a building is under no duty to light it, even where he invites the public to enter. (Gorman v. White, 19 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The owner of a building is under no duty to light it, even where he invites the public to enter. (Gorman v. White, 19 App. Div. 324; Dailey v. Distler, 115 App. Div. 102; Robinson v. Crimmins, 120 App. Div. 250; Lather v. Bammann, 122 App. Div. 13; Hilsenbeck v.…

1Opinion of the CourtWillard Bartlett, J.

It is a part of the defendant’s business to manufacture and sell or rent gas stoves. The defendant maintains a wareroom for the display of such stoves adjoining its principal office in the city of Hew York. The floor of this wareroom is fourteen inches lower than the floor of the principal office and is connected therewith by a passageway in which there is a descent of two steps, each seven inches in height. The plaintiff fell and was injured on the second of these steps while making her way into the stoveroom, which was lighted by a chandelier sufficiently to enable her to see the first…

2Cases cited2 opinions

  1. Larkin v. . O'NeillNew York Court of Appeals · 1890
  2. Dailey v. DistlerAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by22 opinions

  1. Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
  2. De Baca v. KahnNew Mexico Supreme Court · 1945
  3. Pastrick v. S. S. Kresge Co.Massachusetts Supreme Judicial Court · 1934
  4. Jones v. New Mexico School of MinesNew Mexico Supreme Court · 1965
  5. Broadston v. Beddeo Clothing Co.Nebraska Supreme Court · 1920

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