Higgins v. Ruppert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Higgins, from a judgment of the Municipal Court of the city of New York in favor of the defendant, granting a nonsuit at the close .of the plaintiff’s casé.
1Opinion of the Court
Gaynor, J.:
The plaintiff was at the desk in the defendant’s store paying for some .goods he was purchasing when a bundle of steel rods about ten feet long which was standing on end in the store against the edge or .jamb of the door, and was of the merchandise there, fell *531over on his foot. There ivas evidence that the defendant was at the same time carrying out of the store to his wagon heavy iron sheets and that the jar from one of them on the sidewalk caused the bundle of rods to fall over. Be this as it may, the ilon-suit at the close of the plaintiff’s evidence was error. The mere fall of…
2Cases cited1 opinion
- Davis v. FerrisAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by11 opinions
- Webber v. E. K. Larimer Hardware Co.Supreme Court of Iowa · 1944
- Cameron v. H. C. Bohack Co.Appellate Division of the Supreme Court of the State of New York · 1967
- Robinson v. Atlantic & Pacific Tea Co.Appellate Terms of the Supreme Court of New York · 1945
- Gerbino v. Greenhut-Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Perito v. Sunrise Supermarket Corp.Appellate Terms of the Supreme Court of New York · 1961
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