Downey v. Low
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abbott Augustus Low, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the.county of Dings on the 4th day of March, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of March, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action was brought to recover damages for personal injuries sustained by the respondent in falling down an open coal, chute in the sidewalk in front of premises owned and occupied by the defendant. That the defendant maintained this coal chute and that it was used in connection with his premises is conceded. The defendant, however, claims exemption from liability for the accident on the ground that the chute was left open and unguarded, not by his servants or employees, but by the servants of an independent contractor with whom he had a contract for the removal of the ashes…
Also in this document: Concurrence.
2Cases cited5 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Strutt v. Brooklyn & Rockaway Beach RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Kelly v. . DoodyNew York Court of Appeals · 1889
3Cited by36 opinions
- Scott v. . CurtisNew York Court of Appeals · 1909
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Hyman v. . BarrettNew York Court of Appeals · 1918
- Paltey v. . EganNew York Court of Appeals · 1910
- Salt Lake City v. SchubachUtah Supreme Court · 1945
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