Odell v. Solomon
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Sarah B. Odell, by Henry 0. Odell, her guardian, against Solomon B. Solomon and another, for personal injuries. From a judgment entered on the verdict for defendants, and from an order denying a motion for a new trial, made upon the minutes, plaintiff appeals. ®
1Opinion of the Court
Sedgwick, O. J.
The defendants had been the occupants of a store. The plaintiff had been struck by the shsh of a window falling from the store, while she was upon the street passing the store. She brought this action for damages, alleging that the sash had fallen through the negligence of the defendants. The trial below was the second trial of the issues. After the first trial an appeal had been taken in which a case had been made. Upon the present trial it was shown by defendants that a witness examined upon the first trial had died since then. They offered to show what was his former…
2Cases cited1 opinion
- Elting v. ScottNew York Supreme Court · 1807