Legal Opinion

Smith v. Parke

Appellate Terms of the Supreme Court of New York

Decided June 24, 1910Published

Appeal from City Court of New York, Trial Term. Action by Mary Smith against William A. Parke. From a judgment in favor of plaintiff, defendant appeals.

1Opinion of the CourtBijur, J.

Plaintiff, a w.oman some 67 years of age, was visiting her son, the janitor of a double apartment house. He lived in the basement cellar of one house. She had visited his apartment on a number of occasions. When she determined to leave, she knew that he was working on the fourth floor of the adjoining house, and wished to bid him good-by. She alleges that, instead of coming around by way of the street, she went through the cellar, through an opening in the party wall between the two houses, and was injured by falling, in trying to descend a step from one floor level to another. The place…

2Cases cited4 opinions

  1. McAlpin v. . PowellNew York Court of Appeals · 1877
  2. Strobel v. . LiebmannNew York Court of Appeals · 1910
  3. Kiernan v. PerchaAppellate Division of the Supreme Court of the State of New York · 1909
  4. Teetsel v. SimmonsNew York Supreme Court · 1895

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