Wagner v. Welling
Appellate Terms of the Supreme Court of New York
Appeal from Trial Term. Action by Edward Wagner against Katherine C. Welling. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Affirmed.
1Opinion of the CourtFreedman, P. J.
The sole question to be determined upon this appeal is whether the defendant or some one else was responsible, as a matter of law, for the negligence resulting in the accident, and for which negligence this action was brought. The verdict of the jury must be taken as resolving all the questions of fact in favor of the plaintiff, there being on each point of dispute some evidence in support of the plaintiff’s version. The plaintiff was injured by the fall of what is described as a “sidewalk elevator,” running from the street to the basement. The defendant was sued as owner of the building. Her…
2Cases cited1 opinion
- O'Rourke v. FeistAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- McCallum v. DodgeAppellate Division of the Supreme Court of the State of New York · 1911
- Sciolaro v. AschAppellate Division of the Supreme Court of the State of New York · 1908