Anderson v. Caulfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Caulfield, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of October, 1900, upon the verdict of a jury for $1,500, and also from orders entered in said clerk’s office on the 22d and 25th days of October, 1900, denying the defendant’s motions for a new trial made upon the minutes. • ■ •
1Opinion of the Court
Hirschberg, J.:
The plaintiff was injured by falling into an open coal hole in the sidewalk, in front of premises owned by the defendant in Brooklyn. The defendant claims that he was not liable for the negligence of those who were using the coal hole at the time of the accident, they being his tenants in the occupancy of a portion of the building. *561The building was a large flat or tenement house rented by the defendant to various families, but he retained the' control and dominion over the coal hole. The key which unlocked the vault was kept in the possession of the defendant’s agent, and when…
2Cases cited3 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Hughes v. Orange County Milk Ass'nNew York Supreme Court · 1890
3Cited by7 opinions
- Scott v. . CurtisNew York Court of Appeals · 1909
- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Kirby v. NewmanNew York Court of Appeals · 1925
- Commerce Realty Co. v. McElveyCourt of Appeals of Texas · 1952
- Hart v. McKennaAppellate Division of the Supreme Court of the State of New York · 1905
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