Rashid v. Weill

Plaintiff seeks damages for personal injuries. At the time of the accident on May 11, 1942, he was engaged as an air raid warden in the performance of his duties during a test black-out, patrolling the block in which defendant’s premises are situated. In the rear of that property there is an area-way adjoining a vacant lot and separated therefrom by a retaining wall. When the building was constructed it complied with statutory requirements. The wall rises slightly above the level of the vacant lot from which plaintiff was approaching the rear of defendant’s premises to warn a tenant of an…