Swartzman v. Socol Realty Co.

This case presents for review the construction of a municipal ordinance (Code of Ordinances of City of New York, chap. 23, § 164). The infant plaintiff tripped and fell down a cellar stairway in front of premises known as No. 910 Intervale avenue, borough of Bronx, city of New York, while walking along the street with his mother.

The question now arises whether the defendant is hable for negligence because the municipal ordinance, under certain circumstances, required a chain or door to be placed at the entrance to the cellar steps to prevent the happening of accidents. The ordinance provides…