Idel v. . Mitchell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1896, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1896, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The plaintiff, who with her husband had occupied the third floor of defendant’s building for a period of ten years, was on the 24th day of February, 1893, engaged in sweeping the stairs between the second and first floors when she caught her foot on a nail and fell backwards down the stairs. The result was an injury, and this action was brought to recover…
1Opinion of the Court
Parker, Ch. J.
For the purposes of this appeal, at least, it must be deemed to be true that the plaintiff fell owing to a protruding nail in the stairs, and the injuries occasioned thereby this defendant should respond for, providing the plaintiff proved' that the protruding nail was due to the fault of the defendant, otherwise not. Such fault would have been shown had the plaintiff proved that prior to the accident the defendant or his agent had knowledge of the protrusion of the nail, or that it had been in that situation for such a length of time that the defendant should have known of it.…
2Cited by19 opinions
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- Schnatterer v. BambergerSupreme Court of New Jersey · 1911
- Strang v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1933
- Cohen v. CothealAppellate Division of the Supreme Court of the State of New York · 1913
- Braman v. StewartMichigan Supreme Court · 1906
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