Quirk v. Siegel-Cooper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Siegel-Cooper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of February, 1899, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 14th day of February, 1899, denying defendant’s motion for a new trial on condition that the plaintiff stipulate to reduce the recovery from $15,000 to $7,500 (with…
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Appeal by the defendant, The Siegel-Cooper Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of February, 1899, upon the verdict of a jury for $15,000, and also from an order entered in said clerk’s office on the 14th day of February, 1899, denying defendant’s motion for a new trial on condition that the plaintiff stipulate to reduce the recovery from $15,000 to $7,500 (with which condition the plaintiff has complied).
1Opinion of the Court
Willard Bartlett, J.:
This action arises out of ah accident which happened to the plaintiff while shopping in the defendant’s department store in the borough of Manhattan. The first floor of the store is divided into two portions on different levels, one about two feet higher than the other. Four broad steps lead from the upper to the lower portion, for a distance of one hundred and eighty feet; from one end of the building to the ■other, this stairway being divided into sections by columns or abutments about eighteen feet apart. Goods were displayed and offered for sale both above aud below…
2Cases cited4 opinions
- McRickard v. . FlintNew York Court of Appeals · 1889
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Strutt v. Brooklyn & Rockaway Beach RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by22 opinions
- Purdy v. Loew's St. Louis Realty & Amusement Corp.Missouri Court of Appeals · 1927
- Graham v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Quinn v. Utah Gas & Coke Co.Utah Supreme Court · 1912
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Mullady v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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