Levine v. Russell Blaine Co.

In a tenement house, maintained by the defendant, the hand rope used by the tenant in operating a dumbwaiter was, according to the testimony, dirty and rough. Stiff bristles or slivers protruded from the rope. "While the plaintiff Edna Levine was using the rope, a' stiff piece of fibre cut her finger. Infection developed and amputation of the arm followed. The Appellate Division has reversed a judgment rendered against the defendant for the consequent damages and has dismissed the complaint.

Ordinarily the fitness of a rope for a particular use and possibility of danger arising in such use…