Travell v. Bannerman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Francis Bannerman, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 22d day of March, 1901-, upon the verdict of a jury for $600, and also from an order entered in said clerk’s office on the 21th day of March, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1DissentGoodrich, P. J.
The defendant was owner and proprietor of a gun factory on a plot forming part of a large block bounded by Bergen street, St. Mark’s, Utica and Schenectady avenues, in Brooklyn. The plot- was about eighty-eight feet wide and ran through from Bergen street to St. Mark’s avenue. The factory was on the lots fronting on Bergen street, and was inclosed by a wooden fence. Workmen employed by the defendant in the factory were accustomed to throw refuse, rubbish, and ashes from the factory fire room onto the lots outside of the fence, to be subsequently carted away. The block was mostly open ground…
2Cases cited9 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Beck v. . CarterNew York Court of Appeals · 1877
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Cusick v. . AdamsNew York Court of Appeals · 1889
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