Lenz v. Aldrich
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hay Augusta Lenz, an infant, by Robert L. Hiles, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day of Harch, 1896, upon the dismissal of the complaint directed by the court after a trial before the court and a jury.
1Opinion of the Court
Cullen, J. :
We agree with Mr. Justice Hatch in his view of the facts that the record before us presents and shall add nothing to his statement, referring only to such facts as in our judgment control the disposition of the case. We differ from our associate in that we think that the facts are insufficient to warrant a jury in imputing negligence to the defendant. It was proven that the clothes jiole when originally put up was a good pole and of proper material for the purpose. The life of such poles the evidence shows to be from eight to ten years, and this pole had been up but five years.…
2Cases cited2 opinions
- Flood v. . Western Union Telegraph CompanyNew York Court of Appeals · 1892
- Alperin v. EarleNew York Supreme Court · 1889
3Cited by4 opinions
- Dittiger v. Isal Realty Corp.New York Court of Appeals · 1943
- Sizse v. WegmannAppellate Division of the Supreme Court of the State of New York · 1915
- Lake v. EmighMontana Supreme Court · 1948
- Radinsky v. IsraelAppellate Division of the Supreme Court of the State of New York · 1918