Schmidt v. Cook
New York Court of Common Pleas
Appeal from city court, general term. Action by Lena Schmidt, an infant, by Frank Schmidt, her guardian, against Valentine Cook and others. From a judgment of the city court (30 N. Y. Supp. 1135) affirming a judgment entered on a verdict for plaintiff, defendants appeal.
1Opinion of the CourtG-Iegerich, J.
WTien the case was last before this court, it was, among other things, held that the allegation and proof of the bare ownership was not sufficient to charge the owner of premises, which were occupied by others, with responsibility for injuries occasioned by a nuisance upon such premises (Schmidt v. Cook, 4 Misc. Rep. 85, 23 N. Y. Supp. 799); and, although the complaint was held to be bad in substance, a new trial was granted, in view of the possible allowance of an amendment. Upon the trial which is now the subject of review, the complaint was amended by inserting the words “and landlords in…
2Cases cited8 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
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3Cited by1 opinion
- Sarapin v. S. & S. Corrugated Paper Machinery Co.Appellate Division of the Supreme Court of the State of New York · 1924