Frank v. Muller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Victor Muller, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 18th day of October, 1921, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 25th day of October, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The defendant was the owner of a tenement house. The plaintiff was walking along the sidewalk in front of the house and slipped on a banana peel, which resulted in her injuries. The evidence is to the effect that in the evenings the tenants sit out on the front stoop of this tenement house and eat oranges and bananas and throw the peels out onto the walk. The plaintiff on the argument practically admitted that a failure to clean the walk did not render the defendant liable, but that the plaintiff’s right of action was against the city, with the possible right of the city to recover…
2Cases cited1 opinion
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
3Cited by3 opinions
- Troeger v. Prudential Insurance Co. of AmericaAppellate Terms of the Supreme Court of New York · 1935
- O'Hara v. Morris Fruit & Produce Co.Supreme Court of Minnesota · 1938
- Spector v. PuglisiAppellate Terms of the Supreme Court of New York · 1957