Finn v. Peterson
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan, tenth district, dismissing the complaint upon a trial had before the court and a jury. ■ Action to recover damages for a personal injury claimed to have been sustained in consequence of the defendants’ negligence. The pleadings were in writing. The opinion states the material facts.
1Opinion of the CourtGiegerich, J.
The plaintiff fell into a coal hole in front of the premises No. 211 West Fifty-eighth street, borough of Manhattan and city of New York. The accident was due to the turning or slipping aside of the cover thereon, which the driver of the defendant Peterson, removed by direction of the defendant Mary ' ¡Shipper, when delivering coal to the latter on the day previous.'
The defendants ¡Shipper were tenants occupying apartments in said premises and the defendant Peterson was a coal dealer.
The plaintiff’s claim bf negligence, as it appears from the com- • plaint, is that the defendant Peterson’s…
2Cases cited7 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- Kingsland Land Co. v. NewmanAppellate Division of the Supreme Court of the State of New York · 1896
- Brown v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- Flour City Nat. Bank of Rochester v. GroverNew York Supreme Court · 1895
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