Tuomey v. O'reilly, Skelly & Fogarty Co.
New York Court of Common Pleas
Appeal from trial term. Action by Catherine Tuomey against Maria Moore, Richard J. Tallón, and the O’Reilly, Shelly & Fogarty Company for an injury sustained from the negligence of the servants of defendant company in the use of a cellar entrance adjacent to a street, and the street in front thereof, while engaged in delivering merchandise to defendant Tallón, the tenant of the building, which was owned by defendant Moore.
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Appeal from trial term. Action by Catherine Tuomey against Maria Moore, Richard J. Tallón, and the O’Reilly, Shelly & Fogarty Company for an injury sustained from the negligence of the servants of defendant company in the use of a cellar entrance adjacent to a street, and the street in front thereof, while engaged in delivering merchandise to defendant Tallón, the tenant of the building, which was owned by defendant Moore. At the trial the complaint was dismissed as to defendants Moore and Tallón. From a judgment entered on a verdict in plaintiff’s favor against the O’Reilly, Shelly & Fogarty…
1Opinion of the CourtBischoff, J.
The complaint charged defendant Moore with being the owner of the premises Ho. 72 Hew Chambers street, in the city of Hew Yorh, and with having constructed in front thereof, in close proximity to the sidewalh or street, and partly encroaching thereon, a cellar entrance provided with wooden doors, which, when the entrance was in use, were folded bach so as to leave the entrance exposed, and that she so let the premises to the defendant Tallón. The latter was charged with the maintenance of the nuisance as lessee of the premises. Defendant the O’Reilly, Shelly & Fogarty Company was charged with…
2Cases cited8 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Wylde v. Northern Railroad Co. of New JerseyNew York Court of Appeals · 1873
- Seaman v. . KoehlerNew York Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- McCann v. DavisonAppellate Division of the Supreme Court of the State of New York · 1911
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Doherty v. LordNew York Court of Common Pleas · 1894
- Reens v. Mail & Exp. Pub. Co.New York Court of Common Pleas · 1894
3 more not listed; retrieve them via the Exa API.