Norling v. Allee
New York City Court
•Appeal from trial term. Action by John Horling against William H. Allee and others, as executors, etc., of Joseph B. Allee, deceased. There was judgment for plaintiff, and defendants appeal.
1Opinion of the CourtOsborne, J.
Plaintiff brought this action to recover damages for injuries alleged to have been sustained by him through the negligence of the defendants, by reason of a fence on a portion of the trust-estate held by defendants falling upon him. The defendant William H. Allee alone was served, and he alone answered. In his answer he denies, inter alla, all negligence in maintaining said fence, or that it was dangerous or insecure. He further alleged that the fence was blown down by a storm of extraordinary and unusual violence, and through the act of God. A further defense set up was that at the time that…
2Cases cited3 opinions
- Willis v. . SharpNew York Court of Appeals · 1889
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Rogers v. . WheelerNew York Court of Appeals · 1871
3Cited by3 opinions
- Wahl v. SchmidtIllinois Supreme Court · 1923
- Kirchner v. MullerNew York Court of Appeals · 1939
- O'Connor v. RathjeAppellate Court of Illinois · 1939