Kelly v. Sabin Estates, Inc.

Defendant appeals from a judgment for plaintiff, entered upon the verdict of a jury, awarding damages for personal injuries caused by his falling down the unguarded steps of a fire passageway adjacent to the sidewalk at 85 Audubon Avenue, in the borough of Manhattan. The accident happened in the early morning following V-J Day in August, 1945. Plaintiff had been celebrating the victory. The hospital record, showing that emergency service was tendered to plaintiff at 5:10 a.m., states that his breath had a strong alcoholic odor, that he appeared to be inebriated, that he showed evidence of…