Beetz v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Beetz, by Peter Beetz, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of April, 1896, upon the dismissal of the complaint upon the plaintiff’s opening statement of the case, rendered by direction of the court on a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Kings.
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Appeal by the plaintiff, Charles Beetz, by Peter Beetz, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of April, 1896, upon the dismissal of the complaint upon the plaintiff’s opening statement of the case, rendered by direction of the court on a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Kings. The action was brought to recover the damages resulting from personal injuries caused by the alleged negligence of the defendant.
1Opinion of the Court
Hatch, J.:
The opening statement made by plaintiff’s counsel to the jury in substance disclosed that, in April, 1894, the city of Brooklyn had issued to certain builders a permit to use a portion of the public streets of said city, at the corner of Stanhope and "Wyckoff streets, for placing building material thereon, to be used in the construction of a building then in process of erection. That about two weeks prior to May 5, 1894, twelve or fifteen barrels of quicklime were placed upon the sidewalk, opposite the building in process of erection, and about sixty feet from the corner of the…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Jex v. . StrausNew York Court of Appeals · 1890
- Vanderpool v. HussonNew York Supreme Court · 1858
3Cited by26 opinions
- Katz v. HelbingCalifornia Supreme Court · 1928
- Parnell v. Holland Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Hall v. . New York Telephone Co.New York Court of Appeals · 1915
- Beickert v. G. M. Laboratories, Inc.New York Court of Appeals · 1926
- Leduc v. Detroit Edison Co.Michigan Supreme Court · 1931
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