Hirschfield v. Alsberg
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, seventh district, borough of Manhattan.
1Opinion of the CourtLeventritt, J.
On the 13th day of July, 1904, about one o’clock, while walking south on the easterly sidewalk of Greene street, the plaintiff was struck by falling glass. It is sufficiently proven that this glass fell from the sixth loft of the premises occupied by the defendants as a result of the slamming shut of a window swinging on hinges. The defendants had been tenants of the building for six years. The lease between them and the landlord was not offered or proved. Both omission to repair and an affirmative act of negligence were established. It was testified to that the window had been out of repair…
2Cases cited5 opinions
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Bronner v. WalterAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by8 opinions
- Farmers Savings Bank v. AldrichSupreme Court of Iowa · 1911
- Carpenter v. W. H. McElwain Co.Supreme Court of New Hampshire · 1916
- Casey v. Auburn Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
- The AdourDistrict Court, D. Maryland · 1927
- Weber v. LiebermanAppellate Terms of the Supreme Court of New York · 1905
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