Legal Opinion
Silverberg v. Schweig
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1940PublishedCited by 2 opinions
1Per curiam
Action by a seventeen-year old infant plaintiff for damages for personal injuries due to the claimed fall of a ladder on a fire escape and by his father for loss of services.
Defendant Mary Herman was not responsible for the claimed injuries because in reference to the property she was an agent whose duty was to refrain from active negligence. There is no proof of such negligence. (Greco v. Levy, 257 App. Div. 209; affd., 282 N. Y. 575.) Fire escapes are intended to be used as emergency exits and for no other purpose. (McAlpin v. Powell, 70 N. Y. 126; Vega v. Lange, 248 App. Div. 521.) The…
2Cases cited4 opinions
- McAlpin v. . PowellNew York Court of Appeals · 1877
- Greco v. LevyNew York Court of Appeals · 1939
- Greco v. LevyAppellate Division of the Supreme Court of the State of New York · 1939
- Vega v. LangeAppellate Division of the Supreme Court of the State of New York · 1936
3Cited by2 opinions
- George Avlon v. Greencha Holding Corp.Court of Appeals for the Second Circuit · 1956
- George Avlon v. Greencha Holding Corp.Court of Appeals for the Second Circuit · 1956