Kennedy v. McAllaster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick Kennedy, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 4th day of May, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 4th day of May, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Green, J.:
This action was brought to recover damages for personal injuries sustained by the plaintiff as a consequence of negligence imputed to the defendants. The defendants were engaged as copartners in the jewelry business and occupied a store as lessees of the owner of the premises. In the extension under the sidewalk was an elevator which was used for the purpose of bringing in freight and taking up empty barrels and-boxes and ashes from the cellar. Plaintiff was employed by the city of Rochester to collect and carry away rubbish, and on the 7th day of March, 1895, he went to the…
2Cases cited13 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Bagley v. . BoweNew York Court of Appeals · 1887
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
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3Cited by6 opinions
- M. O'Connor & Co. v. GillaspyIndiana Supreme Court · 1908
- Gibson v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1911
- Midland Valley Co. v. HilliardSupreme Court of Oklahoma · 1915
- Ludwig v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Purcell v. Michigan F. M. Ins. Co. of DetroitCourt of Appeals of Kentucky (pre-1976) · 1943
1 more not listed; retrieve them via the Exa API.