Legal Opinion

Fogarty v. Bogart

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 6 opinions

Aureal by the plaintiff, Margaret Fogarty, from a judgment’ of the Supreme Court, in favor of the defendant, entered in the office of. the clerk of the" "county of Kings pn the 24tli day-of March, " -1899, upon the dismissal of the complaint by direction of the court after a trial before.the"court and a jury at the Kings County Trial/ Term,, and also from an order bearing date the 21st day of March, 1899,'aiid entered'in said clerk’s office, denying…

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Aureal by the plaintiff, Margaret Fogarty, from a judgment’ of the Supreme Court, in favor of the defendant, entered in the office of. the clerk of the" "county of Kings pn the 24tli day-of March, " -1899, upon the dismissal of the complaint by direction of the court after a trial before.the"court and a jury at the Kings County Trial/ Term,, and also from an order bearing date the 21st day of March, 1899,'aiid entered'in said clerk’s office, denying the-jilaintiffi’-s,motionfor a"new trialmade upon the..minutes. ' - The action was brought to recover damages for personal injuries sustained by…

1Opinion of the Court

Willard Bartlett, J.:

The defendant was the owner of an apartment house, No. 28 First place, in the borough of Brooklyn. The plaintiff, when passing this number, at half-past seven o’clock on the evening of March 9, 1898, saw a notice upon the premises stating that a fiat was to let there. She went to the basement and pulled the bell at the basement gate. A window in the house was raised at this moment. The plaintiff turned and moved half a step toward this window, which was to her left as she faced the house, the basement gate being at her right hand, when she fell down a flight of steps…

2Cited by6 opinions

  1. Fitzsimmons v. HaleMassachusetts Supreme Judicial Court · 1915
  2. Fogarty v. BogartAppellate Division of the Supreme Court of the State of New York · 1901
  3. Iesief v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  4. Huebner v. HammondAppellate Division of the Supreme Court of the State of New York · 1903
  5. Huebner v. HammondAppellate Division of the Supreme Court of the State of New York · 1903

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