Hollenbeck v. Johnson
New York Supreme Court
Appeal from' judgment on report of referee. Action by George Hollenbeck against Delos H. Johnson. Judgment was rendered in favor of plaintiff for $1 damages, and costs amounting to $194.18 were awarded to defendant. Plaintiff served exceptions to the report and refusal to find “that the plaintiff is ■entitled to recover for his personal injuries resulting from his falling into the cistern through the hole made by the defendant’s cow.” Plaintiff appeals.
1Opinion of the CourtHardin, P. J.
January 3, 1892, the parties resided in the village of Fabius. The plaintiff was in possession of 22 acres of land as a tenant, which he had occupied some four years; and upon the. premises so occupied by him was a barn, about five rods north of and fronting on North street, in which barn were several doors ■opening towards the street. The barn had been built some 45 years. 1 inder the floor, near the north side of the barn, was a cistern, about 10 feet across the top and about 9 feet deep, over which were stringers, about 3 feet apart. The cistern had been covered with inch hemlock boards,…
2Cases cited15 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
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