Legal Opinion

Wells v. City of Brooklyn

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

Decided July 1, 1896PublishedCited by 19 opinions

Appeal by the plaintiff, Jane Wells, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 10th day of March, 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 Kings, and also from an order entered in said cleric’s office on the 5th day of March, 1896, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Willard Bartlett, J.:

The plaintiff, a married woman, then seventy years of age, was severely and permanently injured on the'13tli day of December, 1894, while lawfully upon Grand street, in the city of Brooklyn, by the fall of- a large show case of wood and glass, which had stood near the curb line of the sidewalk in front of the premises No.- 691 Grand street for several years prior to the time of the accident.

■ There was an awning post, near this show case, to which it had been fastened by means of an iron brace. On December 12, 1894, a truck collided with the show case, knocking it over…

2Cases cited4 opinions

  1. Ring v. . City of CohoesNew York Court of Appeals · 1879
  2. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  3. Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  4. Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883

3Cited by19 opinions

  1. Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
  2. Beall v. City of SeattleWashington Supreme Court · 1902
  3. McCloskey v. . BuckleyNew York Court of Appeals · 1918
  4. Ranney v. Habern Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953
  5. Malchow v. City of LeotiSupreme Court of Kansas · 1915

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