Kline v. . Abraham
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action 'and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action 'and the facts, so far as material, are stated in the opinion. There is no evidence in the case to warrant a finding that the accident was due to the negligence of the defendants, and the complaint should have been dismissed on the ground that upon all the evidence no cause of action was established. (Burke v. Witherbee, 98 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for personal injuries sustained by the plaintiff while in the employ of the defendants in their dry goods store in the borongh'of Brooklyn on the 13th day of April, 1898.
The defendants had recently constructed a new stairway with marble steps leading from the first floor of their building to the basement. The new stairway was opened for use by the public sometime in December, 1897, and was thereafter extensively used by the • patrons of the defendants and by their employees. The plaintiff was an assistant cashier and up to the time of her injuries…
2Cases cited4 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- De Forest v. . JewettNew York Court of Appeals · 1882
- Murray v. . DwightNew York Court of Appeals · 1900
3Cited by38 opinions
- Piacquadio v. Recine Realty Corp.New York Court of Appeals · 1994
- Murphy v. ConnerNew York Court of Appeals · 1994
- Portanova v. Trump Taj Mahal AssociatesAppellate Division of the Supreme Court of the State of New York · 2000
- Tryon v. ChalmersAppellate Division of the Supreme Court of the State of New York · 1923
- Lyons v. LichOregon Supreme Court · 1933
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