Legal Opinion

Kane v. Whitaker

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the. plaintiff, James W. Kane, as administrator, etc., of Julia Kane, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of - -March, 1898, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

Rumsey, J.:

The defendant is the proprietor and lessee of the Hotel Imperial in -the city of New York, and the plaintiff" was the husband and is *417the administrator of Mrs. Julia Kane, who met her :death on the 1st of July, 1897, by falling through a skylight in the roof of the hotel.

The action is brought to recover damages resulting from her death. At the conclusion of the testimony the court directed a nonsuit upon the ground that the plaintiffs intestate was not shown to be free from contributory negligence. Judgment for the defend-, ant was afterwards entered, and from that judgment this…

2Cases cited1 opinion

  1. Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874

3Cited by1 opinion

  1. Boyle v. Degnon-McLean Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900

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