Miners v. Ausfresser
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York dismissing the complaint at the close of plaintiff’s case, and from an order denying plaintiff’s motion for a new trial.
1Opinion of the CourtBijur, J.
This action is based on negligence. Plaintiff testified, in substance, that while passing along the sidewalk in front of defendants’ premises, she “ step*395ped on something ” and then fell into the coal-hole, and that when she looked the cover was about two feet away.
I think that the testimony, while not very clear, was sufficient to indicate that the cover was on the hole when plaintiff stepped on it and that it sprang or was shoved off as a result of her stepping thereon. At all events, were the question important whether the cover was actually on the hole or two feet away when the plaintiff…
2Cases cited7 opinions
- Scott v. . CurtisNew York Court of Appeals · 1909
- Babbage v. . PowersNew York Court of Appeals · 1891
- Martin v. . PettitNew York Court of Appeals · 1889
- Brady v. ShepardAppellate Division of the Supreme Court of the State of New York · 1899
- Maldosky v. Germania BankAppellate Terms of the Supreme Court of New York · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lissner v. Haynes Automobile Co.Appellate Terms of the Supreme Court of New York · 1918