Miller v. McCloskey
New York Supreme Court
Appeal from a judgment rendered upon the dismissal of the complaint upon the trial. Jacob Miller, by Peter Miller, his guardian ad litem, sued John McCloskey for damages for injuries occasioned by falling into the basement of partly destroyed house belonging to him. The allegations 'ff the complaint were as follows : “ I. That he is an infant under the age of fourteen years. “II.
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Appeal from a judgment rendered upon the dismissal of the complaint upon the trial. Jacob Miller, by Peter Miller, his guardian ad litem, sued John McCloskey for damages for injuries occasioned by falling into the basement of partly destroyed house belonging to him. The allegations 'ff the complaint were as follows : “ I. That he is an infant under the age of fourteen years. “II. That on or about the 18th day of July, 1877, and previous to the commencement of this action, Peter Miller was duly appointed the guardian ad litem, of this plaintiff for the purpose of prosecuting this action. “…
1Opinion of the CourtDaniels, J.
The action was prosecuted to recover the damages sustained by the plaintiff by a personal injury occasioned by falling into the basement of the *307remains of a house situated upon premises owned by the defendant. Upon these premises a building existed, which was used as a school, at which the plaintiff was in attendance as a pupil. The place in which the injury was received was upon a portion of the grounds immediately in the rear of the school building; at the side of it were grounds connected with the school, the grade of which had been reduced to the level of the adjacent street, while that…
2Cited by3 opinions
- Clark v. DillonNew York Court of Common Pleas · 1882
- Potter v. FrailNew York Supreme Court · 1884
- Clark v. DillonNew York Court of Common Pleas · 1882