Fox v. . Warner-Quinlan Asphalt Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1910, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in holding that under the facts the plaintiff had made a question for the jury whether defendant violated any duty it owed to him. (McCann v. Thilemann, 36 Misc. Rep. 145; 74 App. Div. 630; Larmore v. C. P. Iron Co.,…
1Opinion of the CourtWillard Bartlett, J.
At the time of the accident out of which this suit has arisen and for several years prior thereto the defendant corporation was the owner of an open field within the limits of the city of Syracuse which is described as bounded on the north by West Brighton avenue, on the east by Midland avenue, on the south by West Lafayette avenue and on the west by Onondaga creek. Between seven and eight o’clock on the evening of October 13, 1908, the plaintiff was walking across this tract along a route over which the public had been accustomed to travel on foot and in vehicles for a considerable number of…
2Cases cited5 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Cusick v. . AdamsNew York Court of Appeals · 1889
- Weitzmann v. A. L. Barber Asphalt Co.New York Court of Appeals · 1908
- Downes v. . Elmira Bridge Co.New York Court of Appeals · 1904
3Cited by40 opinions
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Mendelowitz v. NeisnerNew York Court of Appeals · 1932
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
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