Ellis v. Friedlander
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bridget Ellis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 10th day of November, 1920, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Cochrane, J.:
The question is whether the plaintiff established her right to go to the jury in this action against the defendant for negligence. Defendant conducts a fruit a,nd vegetable store on one of the public streets in the city of Albany. In front of the store is a broad concrete sidewalk. About eight-thirty o’clock in the morning of January 30, 1920, baskets of fruit or vegetables occupied substantially the entire sidewalk in front of the store. Garbage consisting of vegetable refuse was also scattered over the sidewalk. A basket partially filled with garbage was near the entrance of…
2Cases cited1 opinion
- Ruback v. . McCleary, Wallin CrouseNew York Court of Appeals · 1917
3Cited by1 opinion
- Troeger v. Prudential Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1935