Kellogg v. Church Charity Foundation of Long Island
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Church Charity Foundation of Long Island, from a judgment of the Supreme Court in favor of tile plaintiff, entered in the office of the cleric of the county of Kings on the 4th day of May, 1909, upon the verdict of a jury for $30,000, and also from an order entered in said clerk’s office on the 6th day of May, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Concurrence
Miller, J. (concurring):
The first trial of this case, in which all of the questions now urged were raised, resulted in a nonsuit, and the judgment entered thereon was reversed by this court (128 App. Div. 214). While Mr. Justice G-aynor, writing for the court, discussed but one question, i. e., the liability' of charitable corporations to strangers for the. negligence of servants, if any of the propositions now, as-then, urged by the defendant are tenable, that judgment should have been affirmed. Rice questions are involved, a reason perhaps for a. review by the Court of Appeals, but not for…
2Cases cited6 opinions
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Kellogg v. Church Charity FoundationAppellate Division of the Supreme Court of the State of New York · 1908
- Howard v. . LudwigNew York Court of Appeals · 1902
- Baldwin v. . AbrahamNew York Court of Appeals · 1902
- Howard v. LudwigAppellate Division of the Supreme Court of the State of New York · 1901
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