Legal Opinion

Queeney v. . Willi

New York Court of Appeals

Decided January 21, 1919PublishedCited by 13 opinions

Appeal in each of the above-entitled actions from a judgment entered March 17, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint.. The first action was to recover for personal injuries alleged to have been occasioned plaintiff through the negligence of defendant.

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Appeal in each of the above-entitled actions from a judgment entered March 17, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint.. The first action was to recover for personal injuries alleged to have been occasioned plaintiff through the negligence of defendant. The second was to recover for the loss of a wife’s services due to such injuries. The facts, so far as material, are stated in the opinion. The evidence required a submission…

1Opinion of the CourtPound, J.

The actions are by tenants against the landlord. They allege that the defendant negligently failed to protect water pipes under his control from frost.

Plaintiffs occupied a top floor apartment in a building owned by defendant. Water was supplied from a tank on the roof. The evidence for the plaintiffs is to the effect that from December, 1913, to February, 1914, Queeney, the husband, had noticed that the walls and ceiling of the bedroom were damp. He could get water out of the wall paper by rubbing his hand on it. Notice of this condition was given to the landlord and to the janitor, his…

2Cases cited1 opinion

  1. Getty v. Roger Williams Silver Co.New York Court of Appeals · 1917

3Cited by13 opinions

  1. Chapman v. SilberNew York Court of Appeals · 2001
  2. Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
  3. Grawunder v. Beth Israel Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1934
  4. 2310 Madison Avenue, Inc. v. Allied Bedding Manufacturing Co.Court of Appeals of Maryland · 1956
  5. King v. . Interborough Rapid Transit Co.New York Court of Appeals · 1922

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