Sizse v. Wegmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie A. Sizse, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of February, 1915, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 28th day of January, 1915, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
This action was brought by an administratrix to recover damages for the death of Bernard Sizse, her son, through the alleged negligence of the defendant. The decedent lived with his mother, the plaintiff, at the premises No. 227 Hamburg avenue, in the borough of Brooklyn. In the rear yard of the premises there was a clothes pole about thirty-five feet high, for the use of the tenants. Spikes were attached to the pole to enable one to climb up to adjust pulleys and clothes lines. A line ran from the plaintiff’s window to the top of the pole, through pulleys, one on the pole, another…
2Cases cited1 opinion
- Lenz v. AldrichAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Lake v. EmighMontana Supreme Court · 1948
- Lake v. EmighMontana Supreme Court · 1946
- Tuttle v. GoldAppellate Division of the Supreme Court of the State of New York · 1957
- Feldman v. FeldmanNew York Supreme Court · 1960
- Personius v. MannAppellate Division of the Supreme Court of the State of New York · 2005