Sullivan v. Dunham
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Westchester county. Action by Mary Sullivan, as administratrix of the goods, chattels, and credits of Annie B. Haten, deceased, against Carroll Dunham and others. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendants appeal.
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Appeal from trial term, Westchester county. Action by Mary Sullivan, as administratrix of the goods, chattels, and credits of Annie B. Haten, deceased, against Carroll Dunham and others. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendants appeal. Defendants Theodore H. Dinkel and Philip Jewell appeal from an order denying their motion to correct the verdict by striking their names therefrom and allowing the verdict to stand against the defendant Dunham alone.
1Opinion of the CourtHatch, J.
When this case was before us on the former appeal, we held that liability for the act of firing the blast did not rest upon the ground of negligence, but fell within the domain of wrongful'trespass. Upon the present trial the case was not changed in this regard, and the ruling of the court excluding evidence offered to show absence of negligence upon the part of the defendants was proper. We also held that, while the deceased had the right to assume that her safety would not be imperiled by any wrongful trespass upon the part of the defendants, yet, having been warned of an existing danger,…
2Cases cited6 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Butler v. . TownsendNew York Court of Appeals · 1891
- Murray v. . UsherNew York Court of Appeals · 1889
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Herrington v. . Village of LansingburghNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Latta v. HarveyNew Mexico Supreme Court · 1960
- Temple v. Cotton Transfer Co.Nebraska Supreme Court · 1934
- Canister Co. v. National Can CorporationDistrict Court, D. Delaware · 1947
- Sullivan v. DunhamAppellate Division of the Supreme Court of the State of New York · 1899