Fagan v. Bishop
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Fagan, 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 27th day of March, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case. The dismissal was made upon the pleadings.
1Opinion of the Court
Laughun, J.:
This is an action to recover damages for personal injuries alleged to have been sustained by the plaintiff, who was an infant about three years of age, through the negligence of. the defendant.
The defendant was the owner of an apartment house, No. 203 West Sixty-sixth street, borough of Manhattan, New York. From the main entrance to the building four steps descended to the sidewalk. The basement of the building was occupied by a tenant, and access thereto was by means of a stairway descending from the sidewalk parallel with the front line of the building. There was a railing…
2Cases cited4 opinions
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Collins v. DeckerAppellate Division of the Supreme Court of the State of New York · 1907
- Fogarty v. BogartAppellate Division of the Supreme Court of the State of New York · 1901
- Rubin v. MaasAppellate Terms of the Supreme Court of New York · 1914
3Cited by3 opinions
- Tymon v. M. L. S. Construction Co.New York Court of Appeals · 1933
- Goteri v. Anndons, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Tymon v. M. L. S. Construction Co.Appellate Division of the Supreme Court of the State of New York · 1932