Maslin v. Childs
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, George Maslin, as administrator, etc., for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance after a nonsuit granted at the close of plaintiff’s case on a trial at the Monroe Trial Term in June, 1910. The action was commenced in September, 1908, to recover damages resulting from the death of plaintiff’s intestate, alleged to have been caused solely through the negligence of the…
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Motion by the plaintiff, George Maslin, as administrator, etc., for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance after a nonsuit granted at the close of plaintiff’s case on a trial at the Monroe Trial Term in June, 1910. The action was commenced in September, 1908, to recover damages resulting from the death of plaintiff’s intestate, alleged to have been caused solely through the negligence of the defendants.
1Opinion of the Court
McLennan, P. J.:
The accident which is the subject of this action occurred at about seven o’clock on the morning of June 10, 1908. At the time, the plaintiff with his wife, the deceased, were occupying apartments over a store on Lyell avenue, in the city of Boches*176ter, which they had rented from the defendants.. The apartments over the store adjoining on the east were occupied by a family named Bemish,' who also rented from the defendants. There was a veranda in the rear of such apartments, extending •across their entire width, constructed of five’ posts, which are designated in the testimony…
2Cases cited3 opinions
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Clarke v. WelshAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Vinci v. O'NeillSupreme Court of Connecticut · 1925
- Butler v. ManeySupreme Court of Florida · 1941