(DOWNLOAD) "Selma Bohlig v. Karl Schmitt Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Selma Bohlig v. Karl Schmitt Et Al.
- Author : Supreme Court of New York
- Release Date : January 21, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In an action to recover damages for wrongful death and for conscious pain and suffering, the appeal is from a judgment entered
on a jury verdict in favor of the administratrix. The intestate, a tenant in appellants' building, was injured when he fell
down an outside stairway appurtenant to said building, which injury it is alleged caused his death. There was testimony that
the accident happened about 8:00 P.M. on October 6, 1951, that the intestate was accompanied by the administratrix and that
the stairway was inadequately lighted and had no handrail. Judgment reversed on the law, with costs, and complaint dismissed.
The findings of fact are affirmed. No claim was made or established that appellants violated any statutory duty. At common
law "there is no duty of an owner to light common ways absent some defective condition, unusual hazard or peculiar danger"
(Kimbar v. Estis, 1 N.Y.2d 399, 403; see, also, McCabe v. Mackay, 253 N. Y. 440, 233 App. Div. 101; Landes v. Barone, 283
App. Div. 207, affd. 307 N. Y. 867; Hirschler v. Briarcliff Management Corp., 275 App. Div. 422, affd. 300 N. Y. 680). The
mere absence of a handrail on an exterior stairway is not a defective condition, an unusual hazard or a peculiar danger (see
Indinali v. Lerner, 243 App. Div. 735; cf. Landes v. Barone, supra). Wenzel, Acting P.J., Mrphy, Ughetta, Hallinan and Kleinfeld,
JJ., concur.
 "Selma Bohlig v. Karl Schmitt Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}