Phelps v. Kaufman
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Kathryne M. Phelps, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial at the Kings County Trial Term in June, 1911.
1Opinion of the Court
Thomas, J.:
The plaintiff, living in a house let in part to several families, fell, down cellar stairs common to the tenants, and was injured. The.complaint was dismissed upon the grounds that'she negligently attempted to use the stairs in the darkness, and that the narrow step or landing at the top of the stairs did not cause her to fall. There was a door at the top of the stairs* which the plaintiff left opened, and another closed door was at the foot of the stairs with a wall on either side, but there was no handrail. Between the upper door, when closed, and the first riser the distance was…
2Cases cited8 opinions
- Brugher v. . BuchtenkirchNew York Court of Appeals · 1901
- Rohrbacher v. . GilligNew York Court of Appeals · 1911
- Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
- Weller v. . Consolidated Gas Co.New York Court of Appeals · 1910
- Totten v. . PhippsNew York Court of Appeals · 1873
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3Cited by1 opinion
- Flam v. GreenbergAppellate Terms of the Supreme Court of New York · 1916