Dailey v. Distler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Distler, from a judgment of the Municipal Court of the city of Hew York in favor of the plaintiff. , Action against a hotelkeeper for negligence. The plaintiff was in the billiard room of the hotel of the defendant with two other women. She.had never been there before. At one corner of the room was a door with the sign “ private ” over it. It opened into a passageway which led straight to the private dining room of, the proprietor.
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Appeal by the defendant, John Distler, from a judgment of the Municipal Court of the city of Hew York in favor of the plaintiff. , Action against a hotelkeeper for negligence. The plaintiff was in the billiard room of the hotel of the defendant with two other women. She.had never been there before. At one corner of the room was a door with the sign “ private ” over it. It opened into a passageway which led straight to the private dining room of, the proprietor. Half way along it another passageway led from it to a water closet. The plaintiff and her two companions went through the said door…
1Opinion of the Court
Gaynor, J.:
If we disregard the fact of the door being marked private, and assume that it and the hall and closet were for general use, the judgment must nevertheless be reversed for the contributory negligence of the plaintiff in groping through the dark passageway. She was not permitted to take it for granted1 that the-passageway would continue on the same level (Brugher v. Buchtenkirch, 167 N. Y. 153; Hilsenbeck v. Guhring, 131 id. 674). Both of these were landlord and tenant cases, it is true, but we are dealing here, the same as there, with the question of contributory negligence of the…
2Cases cited4 opinions
- Brugher v. . BuchtenkirchNew York Court of Appeals · 1901
- Parker v. Portland Publishing Co.Supreme Judicial Court of Maine · 1879
- Piper v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898
- Gaffney v. BrownMassachusetts Supreme Judicial Court · 1890
3Cited by8 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Weller v. . Consolidated Gas Co.New York Court of Appeals · 1910
- Baker v. ButterworthSupreme Court of Virginia · 1916
- Scholl v. BelcherOregon Supreme Court · 1912
- Robinson v. CrimminsAppellate Division of the Supreme Court of the State of New York · 1907
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