Collyer v. Yonkers Yacht Club, Inc.

In a negligence action to recover damages for personal injury, the plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered January 23, 1962, after a jury trial, which dismissed her complaint on the merits at the close of the entire case. Judgment reversed on the law, and a new trial granted, with costs to plaintiff to abide the event. Plaintiff stubbed her left foot on a metal gasbox which was located a short distance from the exits in the rear of the defendant Yacht Club’s boat 3’ard. The gasbox protruded one to two inches above the soil. The accident occurred on…