Queck-Berner v. Atlantic Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Atlantic Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of May, 1902, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 6th day of June, 1902, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The plaintiff sued the city and the Atlantic Trust Company to recover damages for injuries which he received on September 3, 1900, by the caving in of a flagstone on the sidewalk of Love Lane, Brooklyn, at the corner of Henry street. The trust company owned the lot at the corner, which ran through to Pierrepont street, where there was a dwelling house. On the rear of the lot on Love Lane at the corner of Henry street, there had been an old wooden building which was taken down in August, 1900. The cellar wall along Love Lane was left in its place and upon it a board fence was…
2Cases cited3 opinions
- Bond v. . SmithNew York Court of Appeals · 1889
- Sickles v. . New Jersey Ice Co.New York Court of Appeals · 1897
- Caven v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1898