Muller v. Vesell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant., Meyer Yesell, from a judgment of the Supreme Court .in favor of the plaintiff, entered in file office of the clerk of the county of New York on the 5th day of June, 1906, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s .office on the 4th day of June, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff has recovered a verdict for damages for an arm broken, as alleged, in consequence of defendant’s negligence in permitting a dumbwaiter in a tenement house owned by him to become unsafe. The verdict is challenged as contrary to all the credible evidence in the case. The house was a five or six-story tenement with dumbwaiter running from top to bottom, and used by all the tenants in the building. The plaintiff resided on one of the lower floors with her daughter and son-in-law, the latter acting as janitor of the building. The plaintiff’s story is that on April 8, 1900,…
2Cited by1 opinion
- Gruber v. New York City Railway Co.New York Supreme Court · 1907