Joshua v. Breithaupt

Appellate Terms of the Supreme Court of New York

Joshua v. Breithaupt

90 N.Y.S. 1053

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 7, 1904

StatusPublished

This text of 90 N.Y.S. 1053 (Joshua v. Breithaupt) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joshua v. Breithaupt, 90 N.Y.S. 1053 (N.Y. Ct. App. 1904).

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Opinion

PER CURIAM.

Plaintiff sued to recover damages for persona! injuries received by her in tripping upon an' alleged defective covering or material on a staircase in defendants’ building. Plaintiff had lived upon the fourth floor of the house for about two years. There was no testimony given tending to show that the defendants ever had notice of the defective condition of the covering or material which it is alleged was the cause of plaintiff’s fall, nor was the unsafe condition shown to have existed for such a length of time as to charge defendants with notice of its defect, if any there was. [1054]*1054This is necessary to be shown before plaintiff can recover. Boss v. Jarmulowsky, 81 App. Div. 577, 81 N. Y. Supp. 400.

Judgment reversed. New trial ordered, with costs to the appellants to abide the event.

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PER CURIAM.

Plaintiff sued to recover damages for persona! injuries received by her in tripping upon an' alleged defective covering or material on a staircase in defendants’ building. Plaintiff had lived upon the fourth floor of the house for about two years. There was no testimony given tending to show that the defendants ever had notice of the defective condition of the covering or material which it is alleged was the cause of plaintiff’s fall, nor was the unsafe condition shown to have existed for such a length of time as to charge defendants with notice of its defect, if any there was. [1054]*1054This is necessary to be shown before plaintiff can recover. Boss v. Jarmulowsky, 81 App. Div. 577, 81 N. Y. Supp. 400.

Judgment reversed. New trial ordered, with costs to the appellants to abide the event.

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Bluebook (online)

90 N.Y.S. 1053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-v-breithaupt-nyappterm-1904.

Opinion

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