Legal Opinion

Blake v. Meyer

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

Decided January 26, 1906PublishedCited by 1 opinion

Appeal, by the defendant, August F. H-. 0. Meyer, from, a judgment of the County Court of Kings county in favor of the plaintiff, .entered in the office of the clerk of the county of Kings on the 18th day of October, 1904, .upon the verdict of a jury for. $1,250, and also from, an 'order entered in said clerk’s office on- the 3d day - of November, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Jenks, J.:. The plaintiff complains that the defendant so^ constructed and maintained his cellar -door that it was a nuisance; that while plaintiff was on his 'way .along the public street he stumbled over it and fell, to his injury. The- defendant offered no evidence. I think • that the plaintiff made out a case for the jury, and that ;there is no reásonAo disturb the verdict. The argumént of the appellant upon the facts is pertinent to an action for negligence rather than to-this, case. (Clifford v. Dam, 81 N. Y. 52.)

It is contended that the plaintiff .failed to prove, the ownership of the…

2Cases cited3 opinions

  1. Clifford v. . DamNew York Court of Appeals · 1880
  2. Link v. . SheldonNew York Court of Appeals · 1892
  3. Hubbs v. SchwaneflugelAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Caruso v. Troy Gas Co.Appellate Division of the Supreme Court of the State of New York · 1912

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