Weller v. McCormick
Supreme Court of New Jersey
On rule to show cause why a new trial should not be had, certified from the Middlesex Circuit.
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
On Septeinber 27th, 1881, the defendant became the owner of a hotel on the corner of Somerset and *398George streets, in the city of New Brunswick, his title extending to the middle of the street. On the sidewalk of George street, in front of his premises, an elm tree was growing, and on January 21st, 1883, the plaintiff, while passing along the sidewalk, was injured by a limb that fell from the tree. The plaintiff sued the defendant for the damages so sustained, and recovered on the theory that the facts above stated created a duty on the part of…
2Cited by17 opinions
- Stewart v. 104 Wallace Street, Inc.Supreme Court of New Jersey · 1981
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Sims v. City of NewarkNew Jersey Superior Court Appellate Division · 1990
- Hollus v. Amtrak Northeast CorridorDistrict Court, D. New Jersey · 1996
- City of Birmingham v. WoodSupreme Court of Alabama · 1940
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