Vaughan v. . Transit Development Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1914, 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. Plaintiff was a mere licensee with no legal right on defendant’s premises.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 28, 1914, 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. Plaintiff was a mere licensee with no legal right on defendant’s premises. The only duty defendant owed him was to refrain from committing any intentional, willful or negligent affirmative act calculated to injure him. (Fox v. Warner-Quinlan Asphalt Co., 204 N. Y. 240; Nicholson v. Erie R. R. Co., 41 N. Y. 525;…
1Opinion of the CourtPound, J.
The action is for personal injuries alleged to be due to defendant's negligence. It was tried before a jury which rendered a verdict in favor of the plaintiff upon which judgment was entered. On appeal to the Appellate Division therefrom and from the order denying defendant’s motion on the minutes for a new trial, the judgment was affirmed. The decision by the Appellate Division was not unanimous as one of the justices sitting did not vote. (Warn v. N. Y. C. & H. R. R. R. Co., 163 N. Y. 525.) We must, therefore, on the defendant’s exceptions to its motion for a nonsuit and the direction of a…
2Cases cited7 opinions
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Stevens v. NicholsMassachusetts Supreme Judicial Court · 1892
- Fox v. . Warner-Quinlan Asphalt Co.New York Court of Appeals · 1912
- Weitzmann v. A. L. Barber Asphalt Co.New York Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- People v. GravesNew York Court of Appeals · 1990
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
62 more not listed; retrieve them via the Exa API.