Racine v. . Morris
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1910, affirming a judgment^ in favor of plaintiff entered upon a. verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There can be no recovery at common law. (Eckes v. Steller, 98 App. Div. 76 ; Casey v. Adams, 137 Ill. App. 404; 234 Ill. 350; Stanwood v. Clancy, 75 Atl.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1910, affirming a judgment^ in favor of plaintiff entered upon a. verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There can be no recovery at common law. (Eckes v. Steller, 98 App. Div. 76 ; Casey v. Adams, 137 Ill. App. 404; 234 Ill. 350; Stanwood v. Clancy, 75 Atl. Rep. 293; Birch v. City of New York, 190 R. Y. 397.) There can be no recovery under the Building Code. (Koch v. Fox, 71 App. Div. 288 ; Moore v. Gadsden, 93…
1Opinion of the CourtCollin, J.
The intestate, a patrolman of the city of Hew York, while on duty on Saturday, December 8,1906, at seven o’clock and twenty-five minutes in the afternoon, saw a door contiguous to the sidewalk of the building occupied by the defendants, Ho. 10 Vestry street, partly open. The verdict of the jury established the fact that the defendants had thus left it at the close of business in the afternoon. He, after summoning a fellow-patrolman, pushed open the door, stepped through the doorway into the unlighted and dark interior and to a freight elevator shaft, extending upward from the basement, to the…
2Cases cited10 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- McRickard v. . FlintNew York Court of Appeals · 1889
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Marino v. . LehmaierNew York Court of Appeals · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Dini v. NaiditchIllinois Supreme Court · 1960
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Doe v. RoeNew York Supreme Court · 1977
- Matter of Whitman. No. 1New York Court of Appeals · 1918
- Karpeles v. . HeineNew York Court of Appeals · 1919
46 more not listed; retrieve them via the Exa API.