Pearson v. Ehrich
Appellate Division of the Supreme Court of the State of New York
Appeal by fee plaintiff, Mary A. Pearson, from a judgment of fee Supreme Court in favor of fee defendant, entered in fee office of fee clerk of fee county of Hew York on. fee 19fe day of May, 1911, upon, fee dismissal of fee complaint by direction of fee-court after a trial at fee Hew-York Trial Term.
1Opinion of the Court
Scott, J.:
Plaintiff appeals from a judgment entered upon a dismissal of fee complaint.
The plaintiff was walking along Sixth avenue in fee city of Hew York when a broken piece of glass fell from one of fee windows of a large shop owned and occupied by defendant and injured her. She proved these facts, which were not controverted. This was sufficient to establish, prima facie, defendant’s negligence and to call upon him to explain the circumstances or otherwise establish .his freedom from liability. (Volkmar v. Manhattan R. Co., 134 N. Y. 418.) The defendant took up this burden and showed that…
2Cases cited4 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Wiley v. BondyAppellate Terms of the Supreme Court of New York · 1898
3Cited by6 opinions
- Washington Loan & Trust Co. v. HickeyCourt of Appeals for the D.C. Circuit · 1943
- Leisure v. JA Bruening CompanySupreme Court of Missouri · 1958
- Stanley v. F. W. Woolworth Co.Appellate Terms of the Supreme Court of New York · 1934
- Gross v. Temp Realty Corp.New York Supreme Court · 1957
- Kesten v. Einhorn & Singer Development Corp.Appellate Division of the Supreme Court of the State of New York · 1931
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