Herman v. Josephsohn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Meyer Herman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of November, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Philbin, J.:
The plaintiff sustained injuries by falling through a grating maintained on the sidewalk in front of defendant’s tenement house. ' The grating broke when plaintiff stepped upon it. It was two and a half feet wide by three feet long and was immediately in front of the entrance to the building. It was necessary to step upon the grating in order to enter. The plaintiff was requested by the defendant to make some repairs in the building and safely passed over the grating in entering. He stepped with both feet upon it at that time. After being about ten minutes in the building he…
2Cases cited2 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Weber v. LiebermanAppellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Clarke v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1926
- Cuevas v. 73rd & Central Park West Corp.Appellate Division of the Supreme Court of the State of New York · 1966