Donohue v. Erie County Savings Bank

This is an appeal by defendant from a judgment recovered, by an eight-year-old boy, for injuries resulting from a fall into a hole or pit on premises owned by defendant. There is also an appeal from a judgment recovered by the boy’s father in a derivative action. Defendant’s premises consist of an apartment house accommodating several families. Included in such families there were, at the time of the accident, sixteen children of ages ranging from two to twelve. Back of the apartment house is a yard in which children tiving there, as well as children from the nearby houses, were accustomed to…