Tremblay v. . Harmony Mills
New York Court of Appeals
Appeal from a judgment- of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1901, 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 opinions. The case was not submitted to the jury with correct instructions as to the law, and this court has the right to review such error.
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Appeal from a judgment- of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1901, 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 opinions. The case was not submitted to the jury with correct instructions as to the law, and this court has the right to review such error. (McGuire v. Bell Telephone Co., 167 N. Y. 208.) The charge of the learned trial justice was erroneous, and such error is fairly…
1DissentGray, J.
The action was brought to recover for personal injuries sustained by the plaintiff from a fall upon an ice-covered sidewalk in front of the defendant’s building. The complaint alleged the duty of the defendant to keep the sidewalk in a safe condition for towel; that it had constructed a water pipe leading from the roof of its building, the spout of which extended over the sidewalk; that it did “ negligently, carelessly and unlawfully omit to erect a tunnel or raceway through, or underneath, said sidewalk to conduct the water off and from said sidewalk that flowed through said water pipe and…
2Cases cited6 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Moore v. . GadsdenNew York Court of Appeals · 1883
- Wenzlick v. . McCotterNew York Court of Appeals · 1881
- Hopkins v. . WolleyNew York Court of Appeals · 1880
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