Curban v. Flammer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jane Curran, from a judgment of the Sujireme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of August, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 23d day of June, 1899, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, Jane Curran, from a judgment of the Sujireme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of August, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term, and also from an order entered in said clerk’s office on the 23d day of June, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence. At the close of the testimony the complaint, upon defendant’s motion, was dismissed and the plaintiff has appealed.
*294At the trial there was little or no dispute as to the facts. It there appeared that the defendant, on the 26tli day of May, 1897, was the owner of a building located at 614 Ninth avenue, in the city of New York. On this day, and for some time prior thereto, the entire building was occupied by tenants; the first floor by one Baden,…
2Cases cited5 opinions
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Babbage v. . PowersNew York Court of Appeals · 1891
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Martin v. . PettitNew York Court of Appeals · 1889
- Babbage v. PowersNew York Supreme Court · 1889
3Cited by3 opinions
- Gelof v. MorgenrothAppellate Division of the Supreme Court of the State of New York · 1909
- Gelof v. MorgenrothAppellate Terms of the Supreme Court of New York · 1908
- Di Marco v. IsaacAppellate Terms of the Supreme Court of New York · 1911