Donohue v. Erie County Savings Bank

The infant plaintiff, a boy of eight, fell into a defectively covered pit upon premises owned by the defendant and was hurt. In this action to recover for his injuries a judgment in his favor has been reversed and his complaint dismissed on the law. The reversal was put wholly on the ground that there is “ not a scintilla of evidence to support a finding that the boy was an invitee or anything more than a bare licensee.” (258 App. Div. 1,4.)

Defendant’s premises are a tenement house in which are twelve or more apartments. At the time he was hurt, the infant plaintiff was one of a number of…