Legal Opinion

Kelly v. Otterstedt

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1903PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Brooklyn, First District. Action by John J. Kelly against Henry Otterstedt. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtWoodward, J.

The plaintiff brought this action to recover damages for injuries alleged to have been sustained through the negligence of the defendant. It is alleged in the complaint:

“That on or about the 7th day of June, 1902. while the plaintiff was lawfully upon the sidewalk on Fulton street, in front of the said defendant’s store, he slipped and fell upon a certain article or articles, which, through the negligence and carelessness of the said defendant, his agents, servants, or employes, had been placed or dropped upon the said sidewalk, or had been allowed to get upon the said sidewalk, .and allowed…

2Cases cited10 opinions

  1. Callanan v. . GilmanNew York Court of Appeals · 1887
  2. Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
  3. Flynn v. . TaylorNew York Court of Appeals · 1891
  4. Hudson v. . CarylNew York Court of Appeals · 1871
  5. Welsh v. . WilsonNew York Court of Appeals · 1886

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3Cited by2 opinions

  1. Walker v. SmithSupreme Court of Alabama · 1917
  2. Binswanger v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905

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