Opper v. Davega
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac Bavega, Jr., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 1st day of March, 1906, upon the verdict of a jury for $8,300, and also from an order entered in said-clerk’s office on the 27th day of March, 1906, denying the said defendant’s motion for a new trial’made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The case was tried upon the theory that the "two defendants, landlord and tenant, were maintaining a nuisance, and that as a result of that nuisance plaintiff’s intestate was-injured. The court expressly charged the jury that the action was based upon a nuisance, and that it was not necessary, therefore, for the plaintiff to show lack of contributory negligence on the part of the deceased. To sustain this judgment, based as it was upon the maintenance of a nuisance, there must be evidence which would justify a finding that the defendants or one of them did maintain such nuisance.
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2Cases cited1 opinion
- Leask v. RichardsAppellate Division of the Supreme Court of the State of New York · 1906