Kaiser v. Hirth
The Superior Court of New York City
This is an appeal from a decision at the trial term dismissing the complaint and ordering the exceptions to be heard in the first instance at general term with a stay of judgment.
1Opinion of the CourtCurtis, J.
The action is brought to recover damages for injuries sustained by falling through a trap-door, down a stairway, into the cellar of premises owned by the defendant and erected and used by him as a tenement house for many families, and which had been carelessly left open.
The defendant claims that the injuries sustained by the plaintiff were caused by negligence on her part solely.
The plaintiff went to the house to visit her son, who was one of the tenants residing on the premises, between eleven and twelve o’clock in the forenoon. About fourteen feet from the front entrance into the main hall…
2Cited by4 opinions
- Purcell v. EnglishIndiana Supreme Court · 1882
- Cole v. McKeyWisconsin Supreme Court · 1886
- Harris v. . PerryNew York Court of Appeals · 1882
- Staley v. Theo. Hamm Brewing Co.Supreme Court of Minnesota · 1919