Legal Opinion

Caron v. Franke

District Court, W.D. New York

Decided June 14, 1954No. Civ. No. 5738Published

1Opinion of the Court

KNIGHT, Chief Judge.

This action was tried to the Court without a jury. Plaintiff seeks to re*959cover money damages for defendants’ negligence. The testimony is to the effect that defendants owned certain premises whereon they operated a store to which plaintiff, at the time of the accident, was making her way as an intended customer; that near the inward side of the sidewalk defendants had placed a 16 inch wire fencing to keep persons from making a short cut across the lawn or garden plot to the store entrance; that it was near dusk and that there were street lights, flood lights at the upper…

2Cases cited7 opinions

  1. Lilienthal's Tobacco v. United StatesSupreme Court of the United States · 1878
  2. Sayward v. Dexter, Horton & Co.Court of Appeals for the Ninth Circuit · 1896
  3. Northern Nav. Co. v. Minnesota Atlantic Transit Co.Court of Appeals for the Eighth Circuit · 1931
  4. United States v. ManciniDistrict Court, M.D. Pennsylvania · 1939
  5. Rodi v. DeanCourt of Appeals for the Seventh Circuit · 1943

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