Fox v. Warner-Quinlan Asphalt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Earl Eox, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 19th day of November, 1909, upon the dismissal of the complaint by direction of the court on a trial at the Onondaga Trial Term, and also, as stated in the notice of appeal, from an order made on the 12th day of November, 1909, dismissing the complaint.
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Appeal by the plaintiff, Earl Eox, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 19th day of November, 1909, upon the dismissal of the complaint by direction of the court on a trial at the Onondaga Trial Term, and also, as stated in the notice of appeal, from an order made on the 12th day of November, 1909, dismissing the complaint. The action was commenced on the 23d day of October, 1908, to recover damages for injuries sustained by the plaintiff alleged to have been caused solely through the negligence of…
1Opinion of the Court
McLennan, P. J.:
The defendant is a corporation having an office and place of business in the city of Syracuse. At the time of the accident which is the subject of this controversy, and for a long time prior thereto, the defendant was a dealer in sand, gravel, crushed stone and cement, and an importer and refiner of natural asphalt, and as a part of such business, and in the conduct of the same, it owned in fee and was in possession of a tract of land situate in the city of Syracuse comprising several acres. It was bounded on the north by *808West Brighton avenue, ón the east by Midland avenue, on…
2Cases cited3 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- McCann v. ThilemannAppellate Terms of the Supreme Court of New York · 1901
- McCann v. ThilemannAppellate Division of the Supreme Court of the State of New York · 1902