Greenberg v. . Schlanger
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence to sustain the jury’s verdict that the defendant was negligent. (Opper v. Hillinger, 116 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 15, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence to sustain the jury’s verdict that the defendant was negligent. (Opper v. Hillinger, 116 App. Div. 261.) The plaintiff has proved sufficient facts to constitute a cause of action in negligence. (Beck v. Carter, 68 N. Y. 283; McNulty v. Ludwig & Co., 152 App. Div. 206.)
1Opinion of the CourtAndrews, J.
The defendant was the owner of a building fronting on Rivington street, New York city. From the cellar a stairway led to the sidewalk above. The riser of the upper stair, a slab of stone three and one-quarter inches wide, cut into the inner edge of the walk some five inches, as the jury was told without objection, and rose above the surface three-quarters of an inch. At each side of the stairway set at this inner edge of the walk were posts. From them to the building ran a railing. Whether between the posts, across the front of the stairway, chains were stretched at the time of the accident,…
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