Sturmwald v. Schreiber
Appellate Division of the Supreme Court of the State of New York
Appeal by the défendants, Henry W. Schreiber and another, from a judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of June, 1901, upon the verdict of a jury for $1,100, and also from an order entered in said clerk’s office on the 10th day of July, 1901, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action is based upon the failure of the defendants to provide and to maintain a safe and a secure covering to their cellar steps. On the night of September 1, 1899, the plaintiff, a traveler on the sidewalk in front of the premises' of the defendants, stepped upon the covering and fell through it. ’ There was- evidence which warranted the jury in finding that the covering of the cellar steps was defective and out of repair, and that the defendants had notice.
The learned counsel for the appellants contends that while the plaintiff complained in negligence, one of the grounds of…
2Cases cited15 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
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