Odell v. Solomon
The Superior Court of New York City
Appeal by plaintiff from judgment entered on verdict for defendants, and from order denying motion for new trial made upon the minutes. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The defendants had been the occupants of a store. The plaintiff had been struck by the sash of a window falling from the store, while she was upon the street passing the store. She brought this action for damages, alleging that the sash had fallen through the negligence of the defendants.
The trial below was the second trial of the issues. After the first trial an appeal had been taken in which a case had been made. Upon the present trial it was shown by defendants that a witness, examined upon the first trial, had died since then. They offered to show what was…
2Cases cited1 opinion
- Elting v. ScottNew York Supreme Court · 1807