Quinlan v. . Welch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for 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 judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff cannot recover because no such notice as required by chapter 403, Laws of 1892, wTas ever served or given in any manner. Chapter 646, Laws of 1873, is repealed by chapter 403, Laws of 1892, and at the time of the trial the latter act…
1Opinion of the CourtBartlett, J.
The plaintiff, the infant child of Dennis Quinlan, deceased, brings this action under chapter 646 of the Laws of 1873, known as the “ Civil Damage Act,” to recover damages for her father’s death, caused, as alleged, by the sale of intoxicating liquors to him by one O’Leary, the tenant or occupant of premises owned by the defendant, James H. Welch. At the opening of the trial it was conceded that the store and jiremises in Clean, at which it is alleged that the intoxicating liquor was sold June 17th, 1891, were then owned by the defendant, and that he rented them to O’Leary some time prior to…
2Cases cited6 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- In Re the Estate of MillerNew York Court of Appeals · 1888
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Sanford v. . BennettNew York Court of Appeals · 1861
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3Cited by35 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Drobner v. . PetersNew York Court of Appeals · 1921
- Berkeley v. ParkNew York Supreme Court · 1965
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
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