Legal Opinion

McNulty v. Ludwig & Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1908PublishedCited by 9 opinions

Appeal by the defendant, Ludwig & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 2d day of December, 1905, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 26th day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Miller, J.:

As the plaintiff was passing along the sidewalk of a public street in front of defendant’s premises a sign fell from over the entrance to said premises, striking the plaintiff and inflicting the injuries for which he has recovered. It appeared that the sign rested on a cornice which projected about six inches from the face of the wall; it was fastened by means of hooks driven into the wall, the top slightly tilted out, but it does not appearthat it projected over the sidewalk. It had been put in position about two weeks before the accident by an independent contractor.' The…

2Cases cited6 opinions

  1. Mullen v. . St. JohnNew York Court of Appeals · 1874
  2. Devlin v. . SmithNew York Court of Appeals · 1882
  3. Sullivan v. . DunhamNew York Court of Appeals · 1900
  4. Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
  5. Boomer v. WilburMassachusetts Supreme Judicial Court · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
  2. Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
  3. Eastern Airlines v. Joseph Guida & Sons Trucking Co.District Court, E.D. New York · 1987
  4. Feder v. FriedmanNew York Supreme Court · 1911
  5. Rock v. Radice Electric Co.Appellate Terms of the Supreme Court of New York · 1927

4 more not listed; retrieve them via the Exa API.

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