Newall v. . Bartlett
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 10, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The immediate proximate cause of the falling of the gate was the falling of a skid with force against the gate thus causing the gate to fall.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made June 10, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The immediate proximate cause of the falling of the gate was the falling of a skid with force against the gate thus causing the gate to fall. The falling of the skid was caused by persons in the employ of the steamship, fellow servants of the plaintiff, and,…
1Opinion of the CourtPotter, J.
The action was brought to recover damages for the injuries which the plaintiff alleged he had received to his person through the negligence of the defendants by the falling of a gate or door upon the pier or wharf in the possession and under the control of the defendants.
The first three sections of the complaint were admitted by the answer, and the facts thus admitted were substantially these: That from the first day-of May, down to the time plaintiff was hurt, which was September 29, 1882, the above named defendants and John IC. Bartlett, who died after the action was commenced, were…
2Cases cited3 opinions
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Barber v. . Abendroth Bros.New York Court of Appeals · 1886
- Wendell v. BaxterMassachusetts Supreme Judicial Court · 1859
3Cited by18 opinions
- Read v. . NicholsNew York Court of Appeals · 1890
- Kittredge v. . GrannisNew York Court of Appeals · 1923
- Murdock v. . GouldNew York Court of Appeals · 1908
- Quinn v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1918
- Mallach v. RidleyNew York Supreme Court · 1888
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