Eldred v. Keenan
Appellate Division of the Supreme Court of the State of New York
Appeal from Queens County Court. Action by Carrie A. Eldred against Maria Keenan and another. From an order denying the motion of the named defendant for judgment on the pleadings, she appeals.
1Opinion of the CourtThomas, J.
The complaint alleges that defendants permitted heaps of ice to form on the sidewalk in front of their premises, with notice thereof, but without effort to arrest the accumulation, or to remove the obstruction, and that plaintiff, slipping thereon, was injured. Such passivity is not actionable wrongdoing. Moore v. Gadsden, 93 N. Y. 12; Mullins v. Siegel-Cooper Co., 183 N. Y. 129, 75 N. E. 1112; City of Rochester v. Campbell, 123 N. Y. 405, 410, 25 N. E, 937, 10 L. R. A. 393,20 Am. St. Rep. 760; Brown v. Wysong, 1 App. Div. 423, 37 N. Y. Supp. 281; Rohling v. Eich, 23 App. Div. 179, 48 N. Y.…
2Cases cited7 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Moore v. . GadsdenNew York Court of Appeals · 1883
- Connolly v. BurschAppellate Division of the Supreme Court of the State of New York · 1912
- Rohling v. EichAppellate Division of the Supreme Court of the State of New York · 1897
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