Legal Opinion

Broeck v. Deinhardt

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1907PublishedCited by 2 opinions

Appeal by the defendant, John Deinhardt, from, a judgment of the Municipal Court of the City of 27ew York, in favor of the plaintiff, entered - upon the decision of the-court in an action to recover damages-for negligence.

1Opinion of the Court

Gaynor, J.:

The plaintiff, then two years old, was sitting on the stoop of the defendant’s tenement house, when a gust of wind, apparently from the opening on the inside to the, roof, or from some open window, slammed the front door shut with such violence as'-to smash-the glass paneljn it, and throw the fragments-of glass out on the stoop and cut the plaintiff. The negligence is that the door had no hook to fasten it back to the wall of the vestibule when open-. It never had one. " The house was a new one. The accident happened in *474July, and both this outer, door and the inside vestibule'door…

2Cited by2 opinions

  1. McCallum ex rel. McCallum v. BrodskyDistrict Court of Appeal of Florida · 1963
  2. Greenwood v. Luke A. Burke & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1918

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