Scanzillo v. Hirshon

I dissent. The jury was justified in finding negligence on the part of defendants. Plaintiff obeyed the direction of the person admittedly in charge of defendants’ building and endeavored to enter the cellar coal bin through the chute indicated by defendants’ agent. This chute was unguarded, without any warning sign and without any iron bar or other protection that would prevent the cellar doors from falling on plaintiff. In the circumstances, plaintiff was in the position of a business visitor to whom defendants owed a duty to maintain the premises in a reasonably safe condition or at least…