Legal Opinion · Dissent

Loretta Dix v. United States

Court of Appeals for the Second Circuit

Decided November 21, 1961No. 290, Docket 26661Published

1DissentSmith, Circuit Judge

I respectfully dissent. This injury occurred not on the public way, where New York would not hold an abutting owner or lessee responsible for ice and snow, but in an area leased by the United States and operated by it as a place for the public to approach its mail depositories. Since it leased the area for use, intended the use by those in plaintiff’s position, and continued to utilize the boxes despite the snow conditions, regularly removing the mail therefrom, I would hold it responsible for reasonable care to keep the area reasonably safe for its business visitors, in line with those New…

2Cases cited4 opinions

  1. Bordonaro v. Bank of BlasdellNew York Court of Appeals · 1941
  2. Amodeo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1960
  3. Amodeo v. New York City Transit AuthorityNew York Court of Appeals · 1961
  4. Klimaszewski v. HerrickAppellate Division of the Supreme Court of the State of New York · 1942

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