Legal Opinion

McCabe v. Kastens

New York Court of Common Pleas

Decided February 4, 1895PublishedCited by 1 opinion

Appeal from city court, general term. Action by Bridget McCabe against Frederick H. Hastens to recover damages for personal injuries. From a judgment of the city court (30 N. T. S. 832) affirming a judgment entered on the dismissal of the complaint, plaintiff appeals.

1Opinion of the CourtBookstaver, J.

This action was brought by a tenant to recover damages of her landlord for injuries sustained in consequence of tripping on a mat placed by him in the rear hall of his house, which was practically a tenement, as it was occupied by a number of ■different families, all of whom had access to the hallways in common. From the testimony it appears that there were three mats in that hall; that sometime before the janitress of the building had tripped on one, and sustained an injury, and that in consequence she complained to the landlord, and asked him for new mats to cover the hall. He furnished one…

2Cases cited2 opinions

  1. Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
  2. Alperin v. EarleNew York Supreme Court · 1889

3Cited by1 opinion

  1. Maldosky v. Germania BankAppellate Terms of the Supreme Court of New York · 1911

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