Legal Opinion

Rohrbacher v. . Gillig

New York Court of Appeals

Decided November 28, 1911PublishedCited by 31 opinions

Appeal from a judgment of the Appellate Division -of the Supreme Court in the fourth judicial department, entered July 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. 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 fourth judicial department, entered July 23, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. As a general proposition and in the absence of unusual and extraordinary circumstances the owner of a building used and occupied by several tenants is not negligent simply because he fails to keep the halls and stairways of a building lighted. (Hilsenbeck v. Guhring, 131 N. Y. 674; Brugher v. Buchtenkirch, 167 N.…

1Opinion of the CourtGray, J.

This action was brought to recover damages for the personal injuries sustained by the plaintiff from falling down an elevator shaft, in a building owned by the defendants. He obtained a verdict in his favor and the judgment, upon that verdict, has been affirmed by the Appellate Division, by the divided vote of the justices.

These were the circumstances. The plaintiff, a man of fifty-six years of age, had occasion to enter the building for the purpose of transacting some business with tenants upon the fifth floor. Its five floors were leased out to several tenants; the ground, second and third…

2Cases cited2 opinions

  1. Brugher v. . BuchtenkirchNew York Court of Appeals · 1901
  2. Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898

3Cited by31 opinions

  1. Hudson v. Church of the Holy TrinityNew York Court of Appeals · 1929
  2. Hardie v. New York Harbor Dry Dock CorporationCourt of Appeals for the Second Circuit · 1925
  3. Kurre v. Graham Ship By Truck Co.Supreme Court of Kansas · 1932
  4. Sanders v. City of Long BeachCalifornia Court of Appeal · 1942
  5. Trimble v. SpearsSupreme Court of Kansas · 1958

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