Loucks v. . Dolan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2,1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that there is no testimony in this case which shows the plaintiff was injured on what could be called a common passageway.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2,1912, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging the jury that there is no testimony in this case which shows the plaintiff was injured on what could be called a common passageway. (Looney v. McLean, 129 Mass. 33; Watkins v. Goodhall, 138 Mass. 533; Leydecker v. Brintall, 158 Mass. 292; Andrews v. Williamson, 193 Mass. 92; Ward v. Blouin,…
1Opinion of the CourtMiller, J.
The defendant is the owner of a two-flat apartment house located on the east side of Quail street in the city of Albany. The plaintiff’s son occupied the lower apartment and another tenant the upper. On the 19th of April, 1911, as the plaintiff, who had been visiting her daughter-in-law, was leaving the premises she stepped to one side and against the piazza failing to look over; the railing, which was unfastened, fell with her to the ground. This action is brought for personal injuries alleged to have been sustained as the result of the fall. The serious question in the case is whether the…
2Cited by19 opinions
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- Hassell v. DenningCalifornia Court of Appeal · 1927
- Angevine v. HewitsonMassachusetts Supreme Judicial Court · 1920
- Cherubini v. TestaAppellate Division of the Supreme Court of the State of New York · 1987
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