Mysliwiec v. W. Lowenthal Co.

Appeal by plaintiffs from an order and judgment of the County Court of Albany County, setting aside verdicts in favor of plaintiffs and dismissing the complaints. Defendant operates a shoddy mill which abuts on Remsen Street in the city of Cohoes, N. Y., for a distance of about 100 feet, and in its business handles bales of waste each- weighing several hundred pounds and being approximately five feet high and four feet wide, bound with banding wire. The nine-year-old infant plaintiff proceeded down Remsen Street accompanied by two other boys, and stopped to play on some of these bales which…