Bronheim v. Kelleher

From a judgment dismissing the plaintiff's complaint at the close of her case, the plaintiff appeals. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The plaintiff attempted to establish the defendant’s liability on several theories: (1) That the premises were let for a public use and, at the time of the letting, defects existed therein which made the premises unsuited and dangerous for public use. Evidence tending to establish this theory was excluded. The evidence was competent and should have been admitted. (Swords v. Edgar, 59 N. Y. 28;…