Opper v. Hellinger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leopold Hellinger, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of March, 1906, upon the verdict of a jury for $8,300, and also from an order entered in said cleidc’s office on the 5th day of March, 1906, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke,J.:
The defendant Hellinger is the owner of the premises Ho. 802 Third avenue in the city of New York, The defendant Davega. *262has occupied the store and basement.of the.said, premises for at. least nine years under a yearly lease. The complaint alleges as follows : “ That on or about August 3rd, 1905, while said Henry Opper, deceased, was lawfully passing on the highway in front of said premises, $ 802 Third avenue, * * ' * he fell into an open and unguarded cellarway connected with said premises and received physical injuries which caused his death, and that said injuries and death were…
2Cases cited3 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Schroeck v. ReissAppellate Division of the Supreme Court of the State of New York · 1900
- Brady v. ShepardAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Dammeyer v. VorhisIndiana Court of Appeals · 1916
- Lucid v. Citizens Investment Co.California Court of Appeal · 1920
- Reynolds v. KingAppellate Terms of the Supreme Court of New York · 1911
- Rohlfs v. WeilNew York Court of Appeals · 1936