Ornstein v. Unterman
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Morris Ornstein, an infant, by his guardian ad litem, against Louis IJnterman. Erom a judgment upon verdict in the City Court for plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtBijur, J.
Plaintiff, an infant of 14 years, sues, by his guardian ad litem, for personal injuries resulting from the falling down—that is, closing—of the iron cover of a cellarway appurtenant to premises of the defendant. The cellarway was in a public street. The learned judge below correctly charged that the long-continued use of this *637cellarway led to the presumption that it had been licensed by the city, and that the question, therefore, to be determined, was whether it had been carefully constructed and carefully maintained—evidently following the language of our decision in Hartman v. Lowenstein,…
2Cases cited6 opinions
- Babbage v. . PowersNew York Court of Appeals · 1891
- Wolf v. . KilpatrickNew York Court of Appeals · 1886
- Nolan v. . KingNew York Court of Appeals · 1885
- Hartman v. LowensteinAppellate Terms of the Supreme Court of New York · 1915
- Maldosky v. Germania BankAppellate Terms of the Supreme Court of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Miners v. AusfresserAppellate Terms of the Supreme Court of New York · 1917
- Miners v. AusfresserCity of New York Municipal Court · 1917