Legal Opinion

Harkin v. Crumbie

Appellate Terms of the Supreme Court of New York

Decided June 15, 1897PublishedCited by 9 opinions

Appeal by the defendant from an affirmance by. the General ■Term of the City Court of a judgment in favor of the plaintiff entered upon the verdict óf a jury for $300 damages. The action was brought to recover for personal injuries sustained by the plaintiff, while visiting a tenant of the defendant who lived in his apartment-house Ho. 334 East Sixty-sixth street.

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Appeal by the defendant from an affirmance by. the General ■Term of the City Court of a judgment in favor of the plaintiff entered upon the verdict óf a jury for $300 damages. The action was brought to recover for personal injuries sustained by the plaintiff, while visiting a tenant of the defendant who lived in his apartment-house Ho. 334 East Sixty-sixth street. In leaving the house at 10 o’clock at night on February 16, 1894, plaintiff slipped upon a patch of ice in front of the building in a passageway or courtyard leading from the stoop to the sidewalk.

1Opinion of the CourtDaly, P. J.

This case presents the question whether the landlord of an apartment-house, whose duty it is to use ordinary care to keep the approaches or passageway to it from the public street, used in common by his tenants, in a reasonably safe condition, is liable for an injury to a visitor to one of his tenants caused by slipping upon a patch of smooth ice which was formed by natural causes and not removed by him from such approaches or passageway within a reasonable time after the. fall of snow and sleet which caused it.

If an injury had occurred from such a cause to one traveling on the sidewalk of a…

2Cases cited7 opinions

  1. Dollard v. . RobertsNew York Court of Appeals · 1891
  2. Peil v. . ReinhartNew York Court of Appeals · 1891
  3. Palmer v. . Pennsylvania Co.New York Court of Appeals · 1888
  4. Alperin v. EarleNew York Supreme Court · 1889
  5. Muller v. MenkenThe Superior Court of the City of New York and Buffalo · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Reardon v. ShimelmanSupreme Court of Connecticut · 1925
  2. Mary P. Klein and William Klein v. United StatesCourt of Appeals for the Second Circuit · 1964
  3. Valentine v. StateNew York Court of Claims · 1950
  4. Dwyer v. WoollardAppellate Division of the Supreme Court of the State of New York · 1923
  5. Pomfret v. FletcherSupreme Court of Rhode Island · 1965

4 more not listed; retrieve them via the Exa API.

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