Legal Opinion

Pitcher v. Lennon

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 25 opinions

Appeal by the defendant, William E. Lennon, from, a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of April, 1896, upon the verdict of 'a jury rendered- after a -trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 29th day of April, 1896, denying the defendant’s motion for a new- trial made upon…

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Appeal by the defendant, William E. Lennon, from, a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of April, 1896, upon the verdict of 'a jury rendered- after a -trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 29th day of April, 1896, denying the defendant’s motion for a new- trial made upon the minutes.

1Opinion of the CourtO’Brien, J.

On March 1, 1895, Giovanni Mauro, .plaintiffs intestate, was killed at the buildings which were being erected on Orchard street, in the city of Hew York, by the appellant Lennon as owner under contract, among others, with Comes and Gleaves, portions of which buildings fell. Comes and Gleaves were sued jointly with Lennon, but on the trial it was consented that the action be discontinued as against them and that it proceed against Lennon alone.

Hot only were the plans for the buildings filed by Lennon, but in kis statement to the building department it appears that he was to superintend, and…

2Cases cited2 opinions

  1. McRickard v. . FlintNew York Court of Appeals · 1889
  2. Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865

3Cited by25 opinions

  1. Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
  2. Marino v. . LehmaierNew York Court of Appeals · 1903
  3. Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
  4. Brown v. WittnerAppellate Division of the Supreme Court of the State of New York · 1899
  5. Dashinsky v. SantjerAppellate Division of the Supreme Court of the State of New York · 1969

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