Collier v. . Collins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme' Court in the second judicial department, entered March 8, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. This action was brought to recover damages on account of personal injuries alleged to have been sustained by the plaintiff through.the negligence of the defendant.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme' Court in the second judicial department, entered March 8, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. This action was brought to recover damages on account of personal injuries alleged to have been sustained by the plaintiff through.the negligence of the defendant. She rented the ground floor of a tenement house from him, and was authorized by his agent to use a window, which had an iron gate swinging on hinges, in order to reach…
1Opinion of the CourtVann, J.
At the close of the evidence for the plaintiff the defendant moved to dismiss the complaint upon the ground that no cause of action had been established against him. The motion was granted, but the plaintiff took no exception, and thus apparently acquiesced in that disposition of the case. (Hecla Powder Co. v. Sigua Iron Co., 157 N. Y. 437, 441.) Her motion for a new trial, made without specifying any ground therefor so far as appears, was denied and she excepted, but no order was entered and no foundation laid for an appeal therefrom. Her appeal to the Appellate Division was from the…
2Cases cited3 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
3Cited by18 opinions
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Allen v. . Corn Exchange BankNew York Court of Appeals · 1905
- McKellar v. American Synthetic Dyes, Inc.New York Court of Appeals · 1920
- Blumenthal v. LewyAppellate Division of the Supreme Court of the State of New York · 1903
- Wright v. . SmithNew York Court of Appeals · 1913
13 more not listed; retrieve them via the Exa API.