Kelly v. Hudson Companies
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of Hew York, entered upon a verdict in favor of the plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtLehman, J.
The plaintiff, a child two years old, was playing on the street with his brother. He leaned against a hanging iron grating which was suspended from the top> of an opening in the defendant’s premises abutting on the street. The grating apparently gave way and the boy fell through the opening into the cellar. The defendant claims that this opening was only twenty-eight inches high; that the grating weighed a hundred pounds and was usually securely fastened, and was unfastened that morning five hours before the accident only to allow the removal of heavy goods from *575the cellar. The defendant’s…
2Cases cited4 opinions
- McGuire v. . SpenceNew York Court of Appeals · 1883
- McGarry v. . LoomisNew York Court of Appeals · 1875
- White v. DanielsAppellate Division of the Supreme Court of the State of New York · 1899
- Rothlein v. StajerAppellate Terms of the Supreme Court of New York · 1904
3Cited by1 opinion
- Ziegler v. Friedman & Gordon Iron WorksAppellate Terms of the Supreme Court of New York · 1911