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Cases Decided in the Inferior Courts of Record of the State of New York Volume 6

Cases Decided in the Inferior Courts of Record of the State of New York Volume 6


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 Excerpt: ...presence of coal holes on the sidewalk need not, for the sauBae reason, be seriously considered, for the mere fact that coalholes were there was not the proximate or responsible cause of the injury of which the plaintiff complains. The trial judge charged the jury that the owner "was bound to have his premises under such reasonable control so that it would disclose whether anybody was attempting against his wishes to put a nuisance on the sidewalk." The owner lived in Rockland county, and was under no obligation to make visits to New York to protect his sidewalk against obstructions placed upon it by persons without his permission, nor was he obliged to employ agents either for that purpose or to prevent trespasses. k Nor is the owner of real estate bound at his peril to stand by and see to it that a contractor whom he employs to do a lawful act does not, for the convenience of himself or his employees, commit wrongful or negligent acts while performing their duty. In referring to the obligation of a landlord, to whom the same rule has been applied, it has been judicially said: "That can only be true on the theory that every owner of rented property in New York is bound to watch the sidewalks and coal holes in front of his premises, and protect them against unauthorized trespasses, and is bound to know when such a trespass is committed." 'We are i si Misc. Maltbie v. Bolting. aware of no case that goes so far as that. 'Wolf v. Kilpatrick, 101 N. Y. 146, 151; Babbage v. Powers, 130 id. 281. The trial judge, by this direction, imposed on the owner a stricter rule than the law required. No case fastening a legal liability on the owner as such was made out, and the motion to dismiss the complaint as to him should have been granted. As to the...


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Product Details
  • ISBN-13: 9781231313367
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 250
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1231313366
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 454 gr


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