Rothlein v. Stajer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by William Rothlein, an infant, against Mary Stajer. From a Municipal Court judgment in favor of defendant, plaintiff appeals. .Affirmed.
1Opinion of the CourtMacLEAN, J.
An infant, not four years of age, while playing in. the street unaccompanied by any -person, was struck by another child in the face, and on being so. struck placed his hands over his eyes, retreating towards thé house, and there fell backward down an open cellarway. This action is based upon the alleged negligence of the defendant in not providing proper banisters and railings on the cellar stairway, as required by section 36 of the tenement house act (Laws 1901, p. 889, c. 334). There was evidence to show that the doors were so constructed as to guard, when open, the sides of the cellarway,…
2Cited by1 opinion
- Kelly v. Hudson CompaniesAppellate Terms of the Supreme Court of New York · 1910