Bayley v. Curtis Bros. Lumber Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew Bayley, from a judgment of the Municipal Court of the city of New York in favor of the defendant, dismissing the complaint at the close of the plaintiff’s case.
1Opinion of the Court
Woodward, J. :
The action was brought for negligence. The plaintiff went to the lumber yard of the defendant to buy some mouldings.. These were kept in a separate building to enter ■ which' it was necessary to ascend a short flight of steps. On his return the plaintiff was precipitated to the ground by the breaking of a piece from the second step. The plaintiff testified that' there were no banisters and that the steps were old and cracked and weatherbeaten. That part of the plaintiff’s testimony as to-' his fall and the breaking of the step is corroborated by the defendant’s witness Cheatham…
2Cases cited1 opinion
- Schnizer v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Mortimer v. East Side Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Storms v. LaneAppellate Division of the Supreme Court of the State of New York · 1928
- Bowles v. StateNew York Court of Claims · 1946
- Levy v. Market & Fulton National BankAppellate Terms of the Supreme Court of New York · 1915
- Roth v. G. A. Feld Co.Appellate Terms of the Supreme Court of New York · 1908