Donovan v. Bender

In an action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Queens County, entered July 9, 1959, after a jury trial, in favor of the plaintiff. Plaintiff, a pedestrian, was proceeding along a public passageway when he came to an obstruction caused by mounds of sand upon the passageway and extending into the roadway. The premises in front of this passageway were owned by the corporate defendant, Lorain Manor, Inc. The evidence indicates the sand mounds were placed there by it or its agents. Plaintiff was obligated to go on to the roadway and…