Legal Opinion

Lubelsky v. Silverman

Appellate Terms of the Supreme Court of New York

Decided December 15, 1905PublishedCited by 3 opinions

Appeal by the defendants from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Kew York, ninth district, borough of Manhattan.

1Opinion of the CourtBischoff, J.

The proof amply supported the finding of the jury that the plaintiff was injured, through the fall upon him of a portion of a shed over the sidewalk, erected in the course of the defendants’ building operations. The doctrine res ipsa, loquitur applies to such a case (Wolf v. American Tract Society, 25 App. Div. 98, 164 N. Y. 30; Mullen v. St. John, 57 id. 567), and the evidence for the defendants did-not necessarily rebut the presumption of negligence.

*134Control of the sidewalk having been given, so far, to the defendants for their temporary use, the duty of maintaining it in a reasonably safe…

2Cases cited3 opinions

  1. Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
  2. Schiverea v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
  3. Wolf v. American Tract SocietyAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. Knoefel v. AtkinsIndiana Court of Appeals · 1907
  2. Anderson v. McCarthy Dry Goods Co.Washington Supreme Court · 1908
  3. Wallace v. United StatesDistrict Court, W.D. Washington · 1926

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