Kennedy v. Hotel Traymore
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Michael Kennedy against the Hotel Traymore. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
1Opinion of the CourtBijur, J.
Defendant, on the day plaintiff was injured, December 30, 1914, followed its custom of maintaining on the sidewalk in front of its hotel a number of mats lying close together constructed of wire one-half inch high and designed to prevent persons from slipping on the stone walk. Defendant did not notice the condition of the matting before he tripped, but claimed that one overlapped the other when he arose after falling, and that he noticed one of defendant’s employés kick the overlapping mat into place.
The learned judge below, over the exception of the defendant, repeatedly charged the jury…
2Cases cited2 opinions
- Robert v. . PowellNew York Court of Appeals · 1901
- Bailey v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Wood v. Tri-States Theater Corp.Supreme Court of Iowa · 1946