Legal Opinion

Martin v. . Pettit

New York Court of Appeals

Decided November 1, 1889PublishedCited by 25 opinions

Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made the first Monday of May, 1888, which affirmed a judgment in favor of Elias Wasson, the original plaintiff and the present plaintiff’s testator, entered upon a verdict and affirmed an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order made the first Monday of May, 1888, which affirmed a judgment in favor of Elias Wasson, the original plaintiff and the present plaintiff’s testator, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by negligence on the part of said Elias Wasson, who died pending the appeal to this court. The facts, so far as material, are stated in the opinion. Even if the…

1Opinion of the CourtGray, J.

The defendant in this action has appealed from a judgment, entered upon the verdict of a jury, by which he is held in damages for injuries, occasioned to the plaintiff by falling down a flight of steps, leading from the sidewalk of the street into the cellar-way of a building.

The complaint charged that these injuries were caused solely through the negligence of the defendant, in permitting that part of his premises to remain unprotected and in an unsafe and dangerous condition.

The proof established the following state of facts: The plaintiff was walking by the defendant’s building, on the…

2Cases cited1 opinion

  1. Wolf v. . KilpatrickNew York Court of Appeals · 1886

3Cited by25 opinions

  1. Martin v. City of CohoesNew York Court of Appeals · 1975
  2. Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
  3. Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
  4. Cahill v. ApplegarthCourt of Appeals of Maryland · 1904
  5. Kirby v. NewmanNew York Court of Appeals · 1925

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