Wittleder v. Citizens' Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Rearg-ument of an appeal by the defendant, The Citizens’ Electric Illuminating Company of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of April, 1899, upon the verdict of a jury for. $8,000, and also from an order entered in said clerk’s office on the 14th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Rearg-ument of an appeal by the defendant, The Citizens’ Electric Illuminating Company of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of April, 1899, upon the verdict of a jury for. $8,000, and also from an order entered in said clerk’s office on the 14th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover damages for personal injuries sustained by the plaintiff while playing upon a stairway leading to an elevated…
1Opinion of the Court
Hatch, J.:
We do not find it necessary to discuss any of the questions raised by the counsel for the appellant further than as discussed in our former decision in this case (Wittleder v. Citizens’ El. Illuminating Co., 47 App. Div. 410), except the point raised, and argued at considerable length, that the defendant owed the plaintiff no duty. In reaching this conclusion we make assumption of fact entirely favorable to the defendant’s contention.
Serious complaint is made that in our former opinion we assumed that the defendant had not established any right to have and maintain its wires upon…
2Cases cited4 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Heeg v. . LichtNew York Court of Appeals · 1880
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by8 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Parnell v. Holland Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Constantino v. . Watson Contracting Co.New York Court of Appeals · 1916
- Davidson v. Otter Tail Power Co.Supreme Court of Minnesota · 1921
- Freeman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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