Travell v. . Bannerman
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and' the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and' the facts, so far as material, are stated in the opinion. Upon the evidence at the close of the entire case the complaint should have been dismissed or a verdict should have been directed for the defendant as a matter of law. (Ruppert v. B. H. R. R. Co., 154 N. Y. 90 ; Searles v. M. Ry. Co., 101 N. Y. 661.) Even admitting…
1Opinion of the CourtWebbeb, J.
The history of this case is as follows: For many years the defendant has been the owner of a gun and ammunition works in the borough of Brooklyn, Aew York, on Bergen street, between IJtica and Schenectady avenues. Defendant’s works are inclosed by a high board fence, outside of and adjoining which there is an open vacant lot, also owned by the defendant, a part of which, near the fence, is used as a dumping ground for ashes, old metal and other refuse. For some time the plaintiff and other boys in the neighborhood had used this open lot as a ball ground and had rummaged in the ash heap for…
2Cases cited3 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Haycroft v. . Lake Shore and Michigan Southern Railway Co.New York Court of Appeals · 1876
3Cited by33 opinions
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Mayer v. Temple Properties Inc.New York Court of Appeals · 1954
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Perry v. . Rochester Lime Co.New York Court of Appeals · 1916
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