Venia v. Bartel

A timber “chocking block ” 12 inches wide, 12 inches high and 3 feet long, used in connection with a service station grease pit, over which “block” plaintiff fell while walking on defendant’s premises was a condition so obvious that it should have been observed by plaintiff in the exercise of reasonable care (Hanstick v. Bohack Co., 279 N. Y. 654).

The fact that the 1 ‘ block ’ ’ was not in its accustomed place at or near the grease pit at the time of the occurrence does not avail plaintiff. The record discloses that plaintiff was injured at 12:00 m. on a clear, sunny day and he was under a…