Barrett v. Lake Ontario Beach Improvement Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1902, which reversed an order of a Trial Term denying a motion to set aside a verdict in favor of plaintiff and for a new trial and granted a new trial. The action was brought against the defendant to recover damages for the death of the plaintiff’s intestate; which is alleged to have been caused by the negligent construction of a toboggan slide.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 6, 1902, which reversed an order of a Trial Term denying a motion to set aside a verdict in favor of plaintiff and for a new trial and granted a new trial. The action was brought against the defendant to recover damages for the death of the plaintiff’s intestate; which is alleged to have been caused by the negligent construction of a toboggan slide. The plaintiff recovered a verdict; but, upon appeal to the Appellate Division, in the fourth department, the judgment entered…
1Opinion of the CourtGray, J.
The appeal from the order of reversal permits of our reviewing any of the questions of law, which were before the Appellate Division. (Albring v. N. Y. C. & H. R. R. R. Co., 174 N. Y. 179.)
Upon the facts which have been stated, the first question for our consideration, and one which is much dwelt upon by the defendant,respondent, is whether, if the accident complained of is attributable to negligence in the construction of the structure of the platform, to be used in connection with the toboggan slide, the defendant can be held to have been responsible. While, as a general rule, a lessor, in…
2Cases cited6 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Edwards v. . N.Y. H.R.R. Co.New York Court of Appeals · 1885
- Fox v. ParkAppellate Division of the Supreme Court of the State of New York · 1897
- Cleveland v. New Jersey Steamboat Co.New York Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Webel v. Yale UniversitySupreme Court of Connecticut · 1939
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Durning v. HymanSupreme Court of Pennsylvania · 1926
- Turlington v. Tampa Electric Co.Supreme Court of Florida · 1911
- Campbell v. Elsie S. Holding Co.New York Court of Appeals · 1929
54 more not listed; retrieve them via the Exa API.