Brugher v. . Buchtenkirch
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made April 7, 1899, 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. The nature of the action and the facts, so far as material, are stated in the opinion. There is no duty resting upon the owner of an apartment house to light the halls and stairways of such apartment.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made April 7, 1899, 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. The nature of the action and the facts, so far as material, are stated in the opinion. There is no duty resting upon the owner of an apartment house to light the halls and stairways of such apartment. (Halpin v. Townsend, 2 City Ct. Rep. 417; 107 N. Y. 683 ; Muller v. Minken, 5 Misc. Rep. 444; Harkin v. Crumbie, 20 Misc. Rep. 569;…
1Opinion of the CourtCullen, J.
The action is to recover damages for injuries claimed to have been suffered by the plaintiff through the negligence of the defendant, who at the time was the owner of an apartment house in the city of New York. The plaintiff on November 25th, 1895, went to the butcher shop of one Lutz and found the shop closed, with a card on the door upon which was written: “ Residence, 216 East 84th Street.” Thereupon she went to the building designated, which was the apartment house of the defendant. She rang the bell and the door was opened by some mechanical contrivance, no one coming to meet her. Then…
2Cases cited2 opinions
- Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
- Gorman v. WhiteAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by36 opinions
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- Ira S. Bushey & Sons, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1949
- Gasch v. RoundsWashington Supreme Court · 1916
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