Anderson v. Caulfield
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Lena Anderson against John Caulfield. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtHirschberg, 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. The 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 a tenant wished…
2Cases cited5 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- 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
- Campion v. RollwagenAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Commerce Realty Co. v. McElveyCourt of Appeals of Texas · 1952
- City of Spokane v. FisherWashington Supreme Court · 1919