Dupre v. Childs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel S. Childs and another, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of January, 1900, upon the verdict of a jury for $450, and also from an order entered in said clerk’s, office on the 16th day of January* 19.00, denying the defendants’ motion for a new trial made upon, the minutes. . .
1Opinion of the Court
Rumsey, J.:
The defendants are keepers of a restaurant at No. 815 Broad way-in the city of New York, and one Tullís was, on the 6th of May, 1898* the manager of the restaurant and had general supervision of the place. On the morning of that day the plaintiff went into the restaurant with the intention of getting his breakfast. He sat down at. a table, but after he had done so and before he had given his order* something occurred which caused him to change his mind, and he got up and left the restaurant. He did not stop at the cashier’s, desk as he went out. There is a rule in the restaurant…
2Cases cited5 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Mali v. . LordNew York Court of Appeals · 1868
- Quinn v. . PowerNew York Court of Appeals · 1882
- Montgomery v. SartiranoAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by11 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Magar v. . HammondNew York Court of Appeals · 1906
- Adams v. F. W. Woolworth Co.New York Supreme Court · 1932
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Jacobs v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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