Welsh v. . Wilson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entering upon an order made May 8, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. Defendant owed plaintiff a duty to see that the door-step was safe.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entering upon an order made May 8, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. This action was brought to recover damages for personal injuries alleged to have been caused by defendant’s negligence. Defendant owed plaintiff a duty to see that the door-step was safe. She did not go there as his licensee, or by any privilege which was subject to his control or liable to revocation by him, but in the exercise of that right which…
1Opinion of the CourtEabl, J.
The defendant, desiring to remové two large cases of merchandise from his store in the city of Hew York, placed a pair of skids from a truck across the sidewalk to the steps of the store. It would have taken not more than five minutes to remove the cases from the store to the truck. After the skids had been there about two minutes, the plaintiff came along the sidewalk, and seeing the skids in her pathway turned toward the store and attempted to pass around the skids, and in doing so she slipped upon the steps and was injured; and then she brought this action to recover damages.
The defendant…
2Cases cited2 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- People of the State of N.Y. v. . HortonNew York Court of Appeals · 1876
3Cited by33 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- O'Neill v. City of Port JervisNew York Court of Appeals · 1930
- McHarge v. M. M. Newcomer & Co.Tennessee Supreme Court · 1906
- Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
- John A. Tolman & Co. v. City of ChicagoIllinois Supreme Court · 1909
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