Schumacher v. City of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiffs, Fred. Schumacher and another, for a new trial upon a case containing exceptions, ordered to be beard at the Appellate Division in the first instance upon the . dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
This action was brought to recover damages for injuries to personal property under circumstances hereinafter stated. The complaint was dismissed at the trial on the ground that liability of the defendant was not shown, and the exceptions were ordered to be heard in the first, instance at the Appellate Division.
*321The plaintiffs, merchants, "were the lessees and occupants of the Basement and cellar of a building situate at the southwest corner of Eighteenth street and Fourth avenue in the city of Hew York. In the cellar there was stored a quantity of valuable merchandise, -which on…
2Cases cited3 opinions
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Vogel v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Goldschmid v. The Mayor of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Ehret v. Village of ScarsdaleNew York Court of Appeals · 1935
- City of Hugo v. NanceSupreme Court of Oklahoma · 1913
- Lobravico v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Lynch v. ClarkeSupreme Court of Rhode Island · 1903