Rouillon v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marie S. Bouillon, from a judgment of the Supreme Oourt in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of June, 1896, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 18th day of June, 1896, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
The complaint having been dismissed, the inquiry on this appeal is whether under the most favorable aspect in which the testimony can be viewed, there was anything to go to the jury on the question of the defendant’s negligence. The accident which happened to the plaintiff was upon one of the common appliances of the building in which she was a tenant. That appliance was under the sole management and care of the landlord. The plaintiff was entitled and found it necessary to use it. The attention of the landlord had been called to the insecure condition of this appliance. It was…
2Cited by5 opinions
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- Jacono v. SchiederAppellate Division of the Supreme Court of the State of New York · 1953
- Spaeth v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905