Hughes v. Harbor & Suburban Building & Savings Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Harbor and Suburban Building and Savings Association, from so much- of a judgment of the Supreme Court in favor of the plaintiff, entered in the office-of, the clerk of the county of Kings on the' 14th day of November, 1908, upon .the verdict of a jury for $40,000, as is against the said, defendant, and also from so much of an order entered in said clerk’s office on the 19th day of November, 1908, as denies the said defendant’s motion for a new…
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Appeal by the defendant, the Harbor and Suburban Building and Savings Association, from so much- of a judgment of the Supreme Court in favor of the plaintiff, entered in the office-of, the clerk of the county of Kings on the' 14th day of November, 1908, upon .the verdict of a jury for $40,000, as is against the said, defendant, and also from so much of an order entered in said clerk’s office on the 19th day of November, 1908, as denies the said defendant’s motion for a new trial made upon the minutes. Also an appeal by the defendant the John C. Gabler Company from the said judgment and from…
1Opinion of the Court
Miller, J.:
On the morning of September 28, 1907, as the plaintiff on his way to his office was passing along Montague street in the borough of Brooklyn, in front of the Arlington Apartment House, a brick, falling from the top of said building, a distance of 100 feet, struck him on the head and inflicted injuries for which a jury has awarded him the sum of $40,000. The judgment is against both defendants, the owner and a contractor engaged at the time in putting on a new roof; and both appeal, each asserting that there is no evidence of negligence against it and that errors were committed by…
2Cases cited2 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
3Cited by7 opinions
- Janice v. StateNew York Court of Claims · 1951
- Taylor v. Bankers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1981
- Gilbert Properties, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1969
- Bologna v. Battisto, New York County Courts1962
- Hughes v. Harbor & Suburban Building & Savings Ass'nAppellate Division of the Supreme Court of the State of New York · 1909
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