Feinberg v. the Strose-Adler Co.

Plaintiff, in his complaint, alleges that his finger was injured while on and in the act of leaving defendant’s premises where he was as an invitee.

His injuries were sustained, he avers, because in making his exit it was necessary for him to open a heavy gate, in the process of doing which his finger was caught between an iron plate on the wall of a building toward which the gate swings and against which it rests after being opened, and the edge of the gate.

An important question—and it is believed, a decisive one— has to do with the contention that plaintiff was an invitee.

Defendant owns and…