McConnell v. Bostelmann
New York Supreme Court
Action by Evelyn McConnell against William Bostelmann. The complaint was dismissed, and plaintiff moved for a new trial on exceptions ordered to be heard in the first instance at the general term, as provided by Code Civil Proc. § 1000.
1Opinion of the CourtO’Brien, J.
The action is brought to recover damages for personal injuries sustained by plaintiff in slipping upon ice formed upon the sidewalk in front of premises owned by defendant, situated at the comer of Liberty and West streets. In addition to alleging the ownership of the premises, which was admitted, the complaint avers that such premises were unlawfully constructed, with an awning over Liberty street, from the roof of which the water flowed into the gutter on the outer edge, and from such gutter was discharged through short spouts or elbows in midair more than 12 feet above the sidewalk, and…
2Cases cited5 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Congreve v. . SmithNew York Court of Appeals · 1858
- Moore v. . GadsdenNew York Court of Appeals · 1881
- McGoldrick v. New York Central & Hudson River RailroadNew York Supreme Court · 1892
- Tucker v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
3Cited by5 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Gladys Smith v. J. C. Penney CompanyCourt of Appeals for the Seventh Circuit · 1958
- Matthews v. De GroffAppellate Division of the Supreme Court of the State of New York · 1897
- Venable v. Consolidated Dry Goods Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Morris v. BarrisfordNew York Court of Common Pleas · 1894