Dollard v. . Roberts
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made January 10, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme 'Court in the first judicial department, entered upon an order made January 10, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for the loss of service of the plaintiff’s minor daughter resulting from a personal injury to her by the falling, upon her of plaster from the ceiling of the hallway of a tenement-house fronting on East One Hundred and Fourth street in the city of Hew York, ■and for the expense of…
1Opinion of the CourtBbadley, J.
The alleged cause of action for loss of service and medical expenses was in the consequences of the injury to the plaintiff’s daughter; and the liability of the defendant was dependent upon the fact that the injury was solely attributable to his negligent failure to perform a duty assumed by him in his relation of landlord to the plaintiff as his tenant. If the hallway had been part of the premises demised to the plaintiff, there would have been no liability of the defendant to him. But the argument of the defendant’s counsel, founded upon the proposition that such was the relation of the…
2Cases cited5 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Palmer v. . DearingNew York Court of Appeals · 1883
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- Drew v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1862
3Cited by69 opinions
- Putnam v. StoutNew York Court of Appeals · 1976
- Cullings v. GoetzNew York Court of Appeals · 1931
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Kilmer v. WhiteNew York Court of Appeals · 1930
- District of Columbia v. MitchellDistrict of Columbia Court of Appeals · 1987
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