McGuire v. Board
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James McGuire, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of October, 1900, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries alleged to have been sustained by reason of defendant’s negligence.
The defendant was the owner of an apartment house in the city of Mew York, in which was located a dumb waiter for the use of tenants in the building. The plaintiff was a retail dealer in ice, and about three weeks prior to the day of the accident he first went to the defendant’s building for the purpose of supplying one of his customers with ice. The dumb waiter was then pointed out by the janitor of the building, and as soon as the plaintiff saw…
2Cited by2 opinions
- Sperling v. Morgold Garage Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Smith v. KingAppellate Division of the Supreme Court of the State of New York · 1902