Slavitz v. Morris Park Estates
New York Supreme Court
Action for causing death by negligence. Demurrer by the defendant Morris Park Estates to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtGiegerich, J.
The liability of the demurrant, the defendant Morris Park Estates, is .sought to be sustained upon the theory that having created the nuisance it is answerable for its continuance after having parted with the possession of the land. The allegations of the complaint, however, liberally construed, do not state a nuisance. It is clear from the averments of the complaint that the primary cause of the accident Avas the failure to cover or guard the pit into which the deceased fell and received burns from an explosion of gas or noxious vapors contained in the pit thereby causing his death, and this…
2Cases cited9 opinions
- The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
- Waggoner v. JermaineNew York Supreme Court · 1846
- Eckerson v. . CrippenNew York Court of Appeals · 1888
- Conhocton Stone R. v. . B., N.Y. E.R.R. Co.New York Court of Appeals · 1873
- Murphy v. . City of BrooklynNew York Court of Appeals · 1885
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3Cited by6 opinions
- Preston v. GoldmanCalifornia Supreme Court · 1986
- Copfer v. GoldenCalifornia Court of Appeal · 1955
- Combow v. Kansas City Ground Investment Co.Supreme Court of Missouri · 1949
- Parrott v. United StatesDistrict Court, S.D. California · 1960
- Stone v. Heyman Bros.California Court of Appeal · 1932
1 more not listed; retrieve them via the Exa API.