Hogle v. H. H. Franklin Manufacturing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 11,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. For several years prior to the 21st of August, 1906, the plaintiff resided with her husband in a house on West Marcellus street in the city of Syracuse, the lease from James Doheny, the owner, being in the husband’s name as lessee.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 11,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. For several years prior to the 21st of August, 1906, the plaintiff resided with her husband in a house on West Marcellus street in the city of Syracuse, the lease from James Doheny, the owner, being in the husband’s name as lessee. The lot upon which the house stands is 34 by 100 feet, and the rear thereof adjoins the land of the defendant, upon which…
1Opinion of the CourtVann, J.
The theory upon which the case was sent to the jury upon the second trial is shown by the following extracts from the charge of the trial justice: “I do not intend to talk to you about negligence or about a nuisance or about any other subject with a technical name. I want you to consider simply, in the light of common sense, what is due from one man to another, from one neighbor to another. * * * If my servant repeatedly, with my knowledge, even if lie is not engaged in my business, throws stones at you and injures you, I should do what I reasonably can to prevent that act on his part. In the…
2Cases cited7 opinions
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Jarvis v. . Manhattan Beach Co.New York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Federal Steel & Wire Corp. v. Ruhlin Construction Co.Ohio Supreme Court · 1989
- Taggart v. CostabileAppellate Division of the Supreme Court of the State of New York · 2015
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Honaman v. PhiladelphiaSupreme Court of Pennsylvania · 1936
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
37 more not listed; retrieve them via the Exa API.