San Filippo v. . American Bill Posting Co.
New York Court of Appeals
Appeal from a judgment entered April 28, 1906, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term after the rendition of a special verdict, and directed judgment in favor of plaintiff on such verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered April 28, 1906, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term after the rendition of a special verdict, and directed judgment in favor of plaintiff on such verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The dismissal of the complaint was proper. (Reynolds v. Van Buren, 155 N. Y. 120 ; McAdam on Landl. & Ten. [2d ed.] 51; Taylor v. Caldwell, 3 B. &…
1Opinion of the CourtO’Brien, J.
The plaintiff sustained personal injuries in consequence of the falling or blowing down of a large billboard or sign which had been placed upon the roof of a building in the city of Brooklyn. It was alleged that the defendant maintained the sign, which had been erected in a careless and unsafe manner, and that by reason of the defendant’s negligence the sign fell or was blown down on or about the 5tli day of November, 1902, resulting in bodily injury to the plaintiff.
At the close of the testimony given upon the trial the defendant’s counsel made a motion to dismiss the complaint. The court…
2Cases cited1 opinion
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
3Cited by4 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Fish v. Waverly Electric Light & Power Co.New York Court of Appeals · 1907
- Davis v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1963
- Di Marco v. IsaacAppellate Terms of the Supreme Court of New York · 1911