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Keywords

tortplaintiffdefendantattorneynegligenceliabilitytrialverdictmotiontrust

tortplaintiffdefendantnegligencetrialtrustappellant

Related Cases

Kirchner v. Muller, 280 N.Y. 23, 19 N.E.2d 665, 127 A.L.R. 681

Facts

The plaintiff was injured while walking in front of a property owned by the defendants Muller. Thirty-eight years prior, the then-owner had installed a drainage system that included a plank covering a sidewalk drain, which was not securely fastened. During the incident, a truck owned by Parish Produce, Inc. parked and caused the plank to rise, striking the plaintiff. Julius C. Muller, the original owner, had passed away in 1926, and the property was managed by his executors, including Marietta Muller.

At the time of the accident, Julius C. Muller, the owner of the premises, who had constructed the drain, was dead, having died in 1926.

Issue

The main legal issue was whether Marietta Muller, as executrix and trustee, could be held liable for the negligence that led to the plaintiff's injuries.

Rule

The court applied the principle that trustees or executors are liable for their torts in their individual capacity, not in their representative capacity, unless a waiver of this defense is established.

The general rule as contended for by appellants is that for their torts trustees or executors are liable in their individual, and not in their representative, capacity.

Analysis

The court analyzed the jury's finding of negligence against Marietta Muller individually and determined that the trial had proceeded against her in both her individual and representative capacities. The court noted that the jury's verdict indicated negligence on the part of the defendants, and the motions to dismiss made by Marietta Muller's attorney did not constitute a waiver of her individual liability.

The court analyzed the jury's finding of negligence against Marietta Muller individually and determined that the trial had proceeded against her in both her individual and representative capacities.

Conclusion

The court modified the judgment to hold Marietta Muller individually liable for the negligence that caused the plaintiff's injuries, affirming the jury's finding of negligence against her.

The judgments should be modified in accordance with this opinion and as so modified affirmed, without costs.

Who won?

George Kirchner prevailed in the case as the jury found the defendant Muller guilty of negligence, leading to a judgment in his favor.

The jury found the defendant Muller guilty of negligence.

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Related Cases

Johnston v. Jones, 66 U.S. 209, 1 Black 209, 1861 WL 7651, 17 L.Ed. 117

Jones v. Stubbs, 136 Cal.App.2d 490, 288 P.2d 939

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Stanford v. Paris, 364 N.C. 306, 698 S.E.2d 37

Laird v. Blacker, 2 Cal.4th 606, 828 P.2d 691, 7 Cal.Rptr.2d 550, 60 USLW 2794