Miller v. . Woodhead
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 8, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 8, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The material facts are set forth in the opinion. As the defendant did not, directly or indirectly, invite or entice the plaintiff fco go out upon the roof, he owed no duty to the plaintiff upon that or any other ground to cover the skylight for the plaintiff’s protection,…
1Opinion of the CourtPeckham, J.
The defendant was the owner of a house in Thirty-third street, New York, some rooms in which he had rented to a Mrs. O’Brien, who was the step-mother of the plaintiff’s mother, the plaintiff being an infant of about the age of three years. Mrs. O’Brien had three rooms in the rear of the house, overlooking an extension thereof, which was covered with a tin roof, and in which there was a skylight to give light to a saloon situated in such extension. Mrs. O’Brien had leased the right to use this roof for the purpose of hanging out and drying her clothes, and when she rented the rooms the…
2Cases cited2 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- McAlpin v. . PowellNew York Court of Appeals · 1877
3Cited by10 opinions
- Lamkin v. TownerIllinois Supreme Court · 1990
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Riley v. Cincinnati Metropolitan Housing AuthorityOhio Court of Appeals · 1973
- Basmajian v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
- Miller v. WoodheadNew York Supreme Court · 1889
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