Wesener v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eliza Jane Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of • the clerk of the county of Kings on the 16th day of March, 1903, upon the verdict of a jury for $750, and also from an order bearing date the 12th day of March, 1903, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff was one of several tenants occupying a house belonging to the defendant. In the yard at the rear of the house a num*212her of cans were provided for the deposit of ashes and garbage by the tenants. These cans were placed a short distance from» a flag" walk which led out into the yard. According to the plaintiff’s testimony she went into the yard with a pan of ashes, the contents of which she emptied into one of the cans; and as she was leaving the cans, proceeding toward the flag walk, she" stumbled and fell over some obstructions, which had been allowed to…
2Cases cited2 opinions
- Palmer v. . DearingNew York Court of Appeals · 1883
- Canavan v. StuyvesantNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Dwyer v. WoollardAppellate Division of the Supreme Court of the State of New York · 1923
- People v. RipleyNew York Court of Special Session · 1916