Carradine v. City of New York

We agree with the Appellate Division that the proper standard of care owed to trespassers by a property owner, in refraining from willful, wanton or intentional acts or their equivalents, is to be determined from the pertinent facts and relevant circumstances of each case. We feel, however, that a new trial should be ordered in this case, since the trial court erroneously charged the jury, with exception taken, that the inflammable liquid involved was inherently dangerous as a matter of law. (See, e.g., Morse v. Buffalo Tank Corp., 280 N. Y. 110; Hall v. New York Tel. Co., 214 N. Y. 49;…