Weitzmann v. A. L. Barber Asphalt Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. On June 15th, 1906, the plaintiff, a boy then between 11 and 12 years of age, was playing upon a pontoon or float moored to the shore in front of premises leased by the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. On June 15th, 1906, the plaintiff, a boy then between 11 and 12 years of age, was playing upon a pontoon or float moored to the shore in front of premises leased by the defendant. While thus engaged the plaintiff was seriously injured and this action was subsequently brought to recover the damages which are said to have been occasioned by the culpable…
1Opinion of the CourtWerner, J.
There are two questions in this case which survive the unanimous affirmance of the judgment entered upon the verdict, and they arise upon exceptions taken to the charge of the learned trial court in submitting the case to the jury. The charge, so far as material to the questions thus raised, was as follows: “¡Now, if a person’s premises under ordinary circumstances, are so situated that a person walks upon them and there is a dangerous part of them, a hole for instance, or anything of that kind, and he falls into it, he being at the time a trespasser, going there without permission, the owner…
2Cases cited4 opinions
- Magar v. . HammondNew York Court of Appeals · 1906
- Hooker v. MillerSupreme Court of Iowa · 1873
- Driscoll v. Newark & Rosendale Lime and Cement Co.New York Court of Appeals · 1868
- Wilson v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by29 opinions
- 532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.New York Court of Appeals · 2001
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Mendelowitz v. NeisnerNew York Court of Appeals · 1932
- Louisville Baseball Club v. HillCourt of Appeals of Kentucky (pre-1976) · 1942
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