Morris v. Zimmerman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Morris, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 24tli day of February, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s ease on a trial at the New York Trial Term.
1Opinion of the Court
Miller, J.:
The plaintiff was a guest over night at the defendants’ hotel. While in the act of dressing in the morning he was struck • on the head by a large piece of plaster which fell from the ceiling, inflicting injuries for which this action was brought. He testified that when he awoke in the morning, and before the ceiling fell, he heard “ chiselling or knocking with hammers about the building.” There was no direct evidence to explain the accident. The complaint was dismissed at the close of the plaintiff’s case.
I shall assume that the slight evidence tending to show that repairs were…
2Cases cited2 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Mullen v. . St. JohnNew York Court of Appeals · 1874
3Cited by13 opinions
- Dittiger v. Isal Realty Corp.New York Court of Appeals · 1943
- McCleod v. Nel-Co Corp.Appellate Court of Illinois · 1953
- Mintzer v. WilsonCalifornia Court of Appeal · 1937
- Thompson v. CoolesSuperior Court of Delaware · 1935
- Crosswhite v. Shelby Operating Corp.Supreme Court of Virginia · 1944
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