Legal Opinion

Cahill v. . Kleinberg

New York Court of Appeals

Decided April 18, 1922PublishedCited by 22 opinions

Appeal from a .judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. The court erred in declining to charge the jury that the plaintiff could not recover a verdict merely because of the failure to have railings on these stairs.

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Appeal from a .judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. The court erred in declining to charge the jury that the plaintiff could not recover a verdict merely because of the failure to have railings on these stairs. (L. 1897, ch. 415, art. 6, § 80; L. 1901, ch. 334, tit. 3, § 36.) It was error to permit plaintiff’s counsel to bring to the attention of the jury the fact that since the accident the defendant has provided handrails at these stairs. (Getty…

1Opinion of the Court

Hiscock, Ch. J.

Plaintiff was the janitress of a tenement house owned by the defendant. She claims that she fell upon a defective step in a stairway leading from the first floor to the basement in Said house. This stairway consisted of steps or treads without risers fitted at each end into a timber or plank. There was no balustrade or handrail upon the stairway, but on each side thereof was a solid wall. Plaintiff’s evidence tended to show that for some time before the accident one of the stairs or treads was cracked from end to end and that the defendant had been warned of this condition and…

2Cases cited1 opinion

  1. Abadie v. . Hyde Real Estate CorporationNew York Court of Appeals · 1918

3Cited by22 opinions

  1. Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Anderson v. Younker Brothers, Inc.Supreme Court of Iowa · 1958
  3. Hadges v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1940
  4. Saporito v. City of New YorkNew York Court of Appeals · 1964
  5. Courtney v. Abro Hardware Corp.Appellate Division of the Supreme Court of the State of New York · 1955

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