Spengeman v. Alter
New York Court of Common Pleas
Appeal from trial term. Action by Amelia Spengeman against Henry Alter to recover damages for personal injuries. From a judgment entered on a verdict in favor of plaintiff for $900, and from an order denying a motion for a new trial, defendant appeals. Reversed. ■ For decision reversing judgment on former appeal, see 19 N. Y. Supp. 1013, mem.
1Opinion of the CourtDaly, C. J.
The plaintiff, who was janitress óf No. 110 West 102d street, owned by the defendant and his wife, was injured by stepping into a hole in the cellar of the premises, which was left *407open and unguarded, as she claims, "through the negligence of the defendant. He was engaged in the cellar at the time of the accident in endeavoring, with the assistance of his wife, to sweep out water with which it had been flooded from the bursting of a pipe in the floor above. The hole was at the front part of the cellar, near the bottom of a flight of steps wrhich led from the front area, and the plaintiff…
2Cited by1 opinion
- Cleary v. BlakeAppellate Division of the Supreme Court of the State of New York · 1897