Flory v. Elmira Hotel Operating Corp.

This is a claim of liability over asserted by third-party plaintiffs which is not only classic in type, but which follows somewhat clearer and sharper lines than many of the cases which have served to illustrate the differences between “ active ” and “ passive ” negligence.

Plaintiff was sitting in an automobile on a public street in front of the Mark Twain Hotel in Elmira. The complaint alleges that a heavy window screen fell from an upper story of the hotel and struck the automobile in such a way that plaintiff was injured.

Her negiigence action against the corporate defendants as owner and…