Cleary v. Blake
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lucy E. Blake and Francis A.. Williams, composing the firm of Blake & Williams, 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 6th day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s :office on the 27th day of May, 1896, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Lucy E. Blake and Francis A.. Williams, composing the firm of Blake & Williams, 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 6th day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s :office on the 27th day of May, 1896, denying the defendants’ motion for a new trial made upon the minutes. The action was brought to recover damages resulting from the death of the plaintiff’s intestate, which was caused by the alleged negligence of the defendants.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff’s son, a school boy, between six and seven years of age, was killed on the 14th day of October, 1895, by falling through a door which opened, into a-cellar at Public School No. 107 in the city of Brooklyn, out of an alleyway leading from the street into the school yard. This alleyway was used by the school children in large numbers on their way into the school and out. The deceased lad, Christopher H. Cleary, with a crowd. of his fellow pupils, was returning to his class, room after the recess for dinner on the day of the accident, when he went over to an…
2Cases cited1 opinion
- Spengeman v. AlterNew York Court of Common Pleas · 1894
3Cited by1 opinion
- Nelson v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1898