Kuechenmeister v. Brown
New York Court of Common Pleas
Appeal from trial term. Action by Johanna Kuechenmeister against Vernon H. Brown and another, impleaded, for personal injuries alleged to have been sustained- by plaintiff from a fall into an insecurely covered vault or cellar opening, which was situated in the sidewalk of certain premises of which defendant was lessee. The complaint was dismissed for insufficiency of proof, and plaintiff appeals.
1Opinion of the CourtBischoff, J.
The complaint alleged that on January 22, 1892, in the city of New York, the plaintiff sustained personal injury from a fall into a vault or cellar opening in the sidewalk in front of certain premises which were at the time in the possession and occupancy of the defendant respondent as lessee; that the opening was appurtenant to and used by the defendant respondent in connection with the demised premises; and that it was so used and maintained by him without lawful authority. The action, therefore, was one to recover damages which resulted, -as alleged, from the main*181tenance of a nuisance.…
2Cases cited13 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Congreve v. . SmithNew York Court of Appeals · 1858
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Irvine v. . WoodNew York Court of Appeals · 1872
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
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3Cited by1 opinion
- Brodsky v. HibelAppellate Terms of the Supreme Court of New York · 1916