Kaplowitz v. Interborough Rapid Transit Co.
New York Supreme Court
Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of New York, second district, borough of The Bronx.
1Per curiam
The judgment should be reversed on the authority of Scholtz v. The Interborough R. T. Co., 48 Misc. Rep. 619; Idel v. Mitchell, 158 N. Y. 134, and Benson v. Manhattan Ry. Co., 31 Misc. Rep. 123. The caso does not come within the authority of Cooley v. Trustees of the N. Y. & B. Bridge, 46 App. Div. 243, as in that case it appeared affirmatively that “ the occasion of the fall was a pile of dirt, composed of earth, banana peelings, cigar stumps, etc., situated on the fifth or sixth step from the bottom of the stairs, and about three inches in depth and eighteen inches long,” and it also…
2Cases cited4 opinions
- Idel v. . MitchellNew York Court of Appeals · 1899
- Cooley v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1899
- Scholtz v. Interborough Rapid Transit Co.Appellate Terms of the Supreme Court of New York · 1905
- Seeley v. City of AmsterdamNew York Supreme Court · 1900
3Cited by1 opinion
- Horn v. BreakstoneCity of New York Municipal Court · 1912