Westfall v. Leamon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leroy Westfall, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schenectady on the 18th day of February, 1920, upon the dismissal of the complaint at the close of the case.
1Opinion of the Court
Kiley, J.:
Plaintiff alleges and defendants admit that defendants are the owners of certain real estate and buildings situate at 107 South Church street in the city of Schenectady; that. South Church street is a public and much traveled highway. The evidence discloses that at the side of the building named and in question here there was an alley, and that early in the morning of the 26th of May, 1917, that portion of said "building facing said alley caved in and it led to the conclusion that other parts might fall making it dangerous for any one to enter the alley or travel the street. The…
2Cases cited4 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Murphy v. EidlitzAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- LaRose v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1927
- Wood v. PaceAppellate Division of the Supreme Court of the State of New York · 1927