Hart v. McKenna
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter E. Hart, 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 March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Rich, J.:
The evidence is uncontradicted, and the appeal presents for our consideration questions of law only. James McKenna in his lifetime was the owner of the premises No. 59 Skillman street, in the borough of Brooklyn. In the sidewalk in front of the house erected on the premises was a coal hole or chute, covered by an iron cap *221from eighteen to twenty inches in diameter, fastened from the inside with a chain and rope, the chain being a permanent attachment fastened to the cover. McKenna died in 1884, the owner of said property, leaving a last will and testament, thereafter duly' admitted…
2Cases cited7 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
- Downey v. LowAppellate Division of the Supreme Court of the State of New York · 1897
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Mullins v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1904
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3Cited by7 opinions
- Scott v. . CurtisNew York Court of Appeals · 1909
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- Salt Lake City v. SchubachUtah Supreme Court · 1945
- Brown Hotel Co., Inc. v. SizemoreCourt of Appeals of Kentucky (pre-1976) · 1946
- Smith v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1961
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