Smith v. City Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Monroe county. Action by Bessie Smith, an infant, by her guardian, against the City Realty Company of Rochester. From an order granting a motion for a new trial after verdict in favor of plaintiff, plaintiff appeals. Affirmed.
1Opinion of the CourtWilliams, J.
The order appealed from should be affirmed, with costs. The action was to recover damages for injuries to the plaintiff, alleged to have been caused by the negligence of the defendant. At the time of the accident the plaintiff was about three years old, and had been left by her parents in charge of her grandmother, who occupied rooms on the third floor of defendant’s tenement house. There were stairs leading from balconies at the back of the building to the yard below. One of the steps in these stairs between the second floor and the ground was in a defective condition, and the plaintiff met…
2Cases cited5 opinions
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- McGarry v. . LoomisNew York Court of Appeals · 1875
- Cumming v. . Brooklyn City Railroad CompanyNew York Court of Appeals · 1887
- Albert v. Albany Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Neun v. . Rochester Railway Co.New York Court of Appeals · 1900