Legal Opinion

Krebs v. Heitmann

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1905PublishedCited by 4 opinions

Appeal by the plaintiff, John A. Krebs, from an interlocutory judgment of the Supreme Court in favor of the defendant, Claus Heitmann, entered in the office of the clerk of the county of Kings on the 8th day of July, 1904, upon tlife decision of the court, rendered" after a trial at the Kings County Special, Term, sustaining the said defendant’s demlirrer to thei plaintiff’s complaint.

1Opinion of the Court

Woodward, J.:

The plaintiff brings this action to recover damages for personal injuries, due to a defective sidewalk and an accumulation of ice thereon, joining as defendants the city of New York, Claus *Heitmanh, the owner of the premises abutting upon tlie highway where1 the accident occurred, and the latter’s tenant, Richard Bottmann. The cause of - action is alleged in the same language against each of the three defendants, and the city of New York has answered. Mr. Heitmann demurs to the complaint upon the, ground that it does not, as to him, state facts sufficient to constitute a cause…

2Cases cited2 opinions

  1. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  2. Tremblay v. . Harmony MillsNew York Court of Appeals · 1902

3Cited by4 opinions

  1. Cummings v. HenningerArizona Supreme Court · 1925
  2. Nelson v. SchultzNew York Supreme Court · 1939
  3. Segal v. EhrmanCity of New York Municipal Court · 1915
  4. Rukasin v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1921

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