Van Tassel v. Read
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Caroline Van Tassel, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial at the Westchester Trial Term..
1Opinion of the Court
Woodward, J.:
The plaintiff seeks to recover for personal injuries sustained in falling into a cistern, the coyer of which had become decayed. Plaintiff’s husband rented the premises of the defendant, and had been in possession for a. series of years, the annual lease expiring in April, 1896. On the renewal of the lease for another year plaintiff’s husband called attention to the defective condition of the covering of the cistern, and the defendant promised to repair the same. This agreement was not kept, and it is admitted that an accident occurred, and that the plaintiff was seriously…
2Cases cited5 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Tuttle v. George H. Gilbert Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Hexter v. . KnoxNew York Court of Appeals · 1876
3Cited by1 opinion
- Folsom v. ParkerNew York Supreme Court · 1900