O'Brien v. Capwell
New York Supreme Court
APPEAL from an order of the city court of Brooklyn, denying a motion for a new trial, and from a judgment in favor of the plaintiff, entered on the verdict of a jury. The action was for damages sustained by the plaintiff by a fall from a piazza, or verandah, extending across the rear 'of a dwelling house, owned by the defendant, and occupied at the time by a tenant by the name of Wade, under a written lease for one year.
Read the full summary
APPEAL from an order of the city court of Brooklyn, denying a motion for a new trial, and from a judgment in favor of the plaintiff, entered on the verdict of a jury. The action was for damages sustained by the plaintiff by a fall from a piazza, or verandah, extending across the rear 'of a dwelling house, owned by the defendant, and occupied at the time by a tenant by the name of Wade, under a written lease for one year. The plaintiff was a washerwoman, in the employ of the tenant. While suspending clothes upon the railing of the back piazza of the house, it gave way, and she fell and broke…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
This action is one for negligence. It was brought, .as the cause of action is stated in the complaint, upon the ground that the defendant, being the owner of the premises when the plaintiff sustained her injury, “had negligently, carelessly and wrongfully allowed the piazza, platform, railing and stairs,, upon said demised premises, to become decayed and out of repair; and that by reason of such decay and want of repair, the same were unsafe at the time of the accident, and had been so unsafe for a long time previous thereto, and unfit for use, as the…
2Cases cited3 opinions
- Board of Education v. AremanNew York Court of Appeals · 1977
- Howard v. DoolittleThe Superior Court of New York City · 1854
- McGlashan v. TallmadgeNew York Supreme Court · 1861
3Cited by28 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Franklin v. . BrownNew York Court of Appeals · 1889
- Tonetti v. PenatiAppellate Division of the Supreme Court of the State of New York · 1975
- Harpel v. FallSupreme Court of Minnesota · 1896
- Davidson v. FischerSupreme Court of Colorado · 1888
23 more not listed; retrieve them via the Exa API.