Kuechenmeister v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Johanna Kuechenmeister, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendant, Vernon II.
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Appeal by the plaintiff, Johanna Kuechenmeister, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendant, Vernon II. Brown, entered in the office of the clerk of said court on the 13tli day of October, 1894, upon the dismissal of the complaint directed by the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the lOtli day of November, 1894, denying the plaintiff’s motion for a new trial. The case was tried before the court and a jury. At the close of the plaintiff’s evidence the court…
1Opinion of the Court
Williams, J.:
The trial court erred in taking the case from the jury and dismissing the complaint. The question of the defendant’s negligence should have been submitted to the jury. It is not necessary to determine whether the coal hole in the sidewalk was a nuisance so as to render defendant liable for any damages resulting from its maintenance, regardless of the question of negligence.
*58It is evident that no accident would have occurred in the absence, of negligence in keeping the cover properly secured. Ho one would have fallen into the hole so long as the cover was kept in its. place by the…
2Cited by2 opinions
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