Brown v. Wittner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William E. Brown, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of December, 1898, upon the dismissal of the complaint by direction of the court, after a trial before the court and a jury at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
The complaint in this action was dismissed at the trial “ on the ground that the plaintiff had not made out a cause of action.” The *136plaintiff was a tenant and occupant of rooms or an apartment on one of the upper floors of a tenement house, belonging to the defendant. On the 2d of December, 1896, after sunset and before, ten o’clock at night, he descended the 'staircase, and while on the flight leading from the second. story to the lower floor of the house, he missed his footing and fell, and sustained injuries in consequence. This stairway was not furnished with a banister or…
2Cases cited4 opinions
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
- Pitcher v. LennonAppellate Division of the Supreme Court of the State of New York · 1896
- Totten v. . PhippsNew York Court of Appeals · 1873
3Cited by18 opinions
- Harrison v. Mortgage Inv. Co.Court of Appeals for the D.C. Circuit · 1932
- Bornstein v. FadenAppellate Division of the Supreme Court of the State of New York · 1912
- Silverman v. Ulrika Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Mulac v. Greentree Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1939
- Hill v. RaymondCourt of Appeals for the D.C. Circuit · 1935
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