Frangis Y. Hoffman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Herbert H. Francis against Emilie Hoffman. From a judgment for the plaintiff for the sum of $88, rendered by the court without a jury, defendant appeals. Reversed, and judgment entered dismissing the complaint.
1Opinion of the CourtWeeks, J.
No explanation was given as to the cause of plaintiff’s fall, except that his foot slipped, or he made a misstep on the *765stairway, as he was descending. There was no evidence that the slipping was caused by any defect in the stairway, or that the accident was attributable to the absence of a light.
Plaintiff was familiar with the stairway, and knew of the existence of a handrail, but did not use it.. There was no proof of freedom from contributory negligence, and the motion to dismiss the complaint at the close of plaintiff’s case should have been granted. Schindler v. Welz & Zerweck, 145 App.…
2Cases cited2 opinions
- Schindler v. Welz & ZerweckAppellate Division of the Supreme Court of the State of New York · 1911
- Broadbent v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1911