Legal Opinion

Kelly v. Otterstedt

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

Decided July 1, 1903PublishedCited by 6 opinions

Appeal by the defendant, Henry Otterstedt, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, entered upon the decision of the court.

1Opinion of the Court

Woodward, J.:

The plaintiff brought this action to recover damages for injuries alleged to have been sustained through the negligence of the defendant, It is alleged in the complaint: “ That on or about the 7th day of June, 1902, while the plaintiff was lawfully upon the sidewalk on Fulton street, in front of the said defendant’s store, he slipped and fell upon a certain article or articles which, through the negligence and carelessness of the said defendant, his agents, servants or employees, had been placed or dropped upon the said sidewalk, or had been allowed to get upon the said sidewalk,…

2Cases cited9 opinions

  1. Callanan v. . GilmanNew York Court of Appeals · 1887
  2. Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
  3. Flynn v. . TaylorNew York Court of Appeals · 1891
  4. Welsh v. . WilsonNew York Court of Appeals · 1886
  5. Murphy v. . LeggettNew York Court of Appeals · 1900

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3Cited by6 opinions

  1. Walker v. SmithSupreme Court of Alabama · 1917
  2. Gardner v. Regal Fruit Co.Oregon Supreme Court · 1934
  3. Keating v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Sennert v. WeisbeckerAppellate Terms of the Supreme Court of New York · 1913
  5. Jensen v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1933

1 more not listed; retrieve them via the Exa API.

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