Engel v. . Eureka Club
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the last Tuesday of March, 1892, which granted a motion by plaintiff for a new trial, upon exceptions ordered to be heard in the first instance by said court to the granting of a motion for a nonsuit. This action was brought to recover damages for the death of Frederica Engel, plaintiff’s intestate, alleged to have been caused by the negligence of defendant.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the last Tuesday of March, 1892, which granted a motion by plaintiff for a new trial, upon exceptions ordered to be heard in the first instance by said court to the granting of a motion for a nonsuit. This action was brought to recover damages for the death of Frederica Engel, plaintiff’s intestate, alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion. An owner of real estate is not liable for the negligent act of an independent…
1Opinion of the Court
Andrews, Ch. J.
We are of opinion that the motion for a new trial should have been denied.
The defendant had juirchased the premises in March, 1892, for its uses as a social club. It made a contract with a competent builder to alter the building thereon in accordance with a plan adopted. The builder was to furnish the new materials necessary and do the work for a fixed price. The improvement contemplated the taking down of a brick wall, sixteen feet high, on the north line of the premises, adjoining premises owned by one Ihrig, occupied in part by plaintiff as a tenant. The wall formed one side…
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- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- McCafferty v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1874
- May v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
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- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
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