Scheller v. Silbermintz
Appellate Terms of the Supreme Court of New York
Appeal "by the plaintiff from a judgment of the Municipal Court of the city of ¡New York, thirteenth district, borough of Manhattan, rendered in favor of the defendants.
1Opinion of the CourtO’Gorman, J.
The defendant was the owner of a building in process of construction and caused a temporary roof or shed to be erected over the sidewalk in front thereof, pursuant to the provisions of a permit duly obtained from the municipal authorities. The sidewalk was a temporary structure and consisted of a number of boards covering the excavation beneath. Some months after its erection, the roof suddenly collapsed and parts thereof fell upon and injured the plaintiff, who, at the time, was walking upon the sidewalk. The happening of the accident raised a presumption of negligence against the…
2Cases cited4 opinions
- Stewart v. . FergusonNew York Court of Appeals · 1900
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Coolidge v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Mullins v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Cincinnati & Suburban Bell Telephone Co. v. EadleOhio Court of Appeals · 1944