Legal Opinion

Eldred v. Keenan

Appellate Division of the Supreme Court of the State of New York

Decided October 16, 1914PublishedCited by 4 opinions

Appeal by the defendant, Maria Keenan, from an' order of the County Court of Queens county, entered in the office of the clerk of said county on the 17th day of June, 1914, denying her motion for judgment on the pleadings.

1Opinion of the Court

Thomas, J.:

The complaint alleges that defendants permitted heaps of ice to form on the sidewalk in front of their premises, with notice thereof, but without effort to arrest the accumulation or to remove the obstruction, and that plaintiff slipping thereon was injured. Such passivity is not actionable wrongdoing. (Moore v. Gadsden, 93 N. Y. 12; Mullins v. Siegel-Cooper Co., 183 id. 129; City of Rochester v. Campbell, 123 id. 405, 410; Brown v. Wysong, 1 App. Div. 423; Rohling v. Eich, 23 id. 179; English v. Kwint, 140 id. 509; Connolly v. Bursch, 149 id. 772.)

The order of the County Court of…

2Cases cited2 opinions

  1. Moore v. . GadsdenNew York Court of Appeals · 1883
  2. Brown v. WysongAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. Nelson v. SchultzNew York Supreme Court · 1939
  2. Olm v. StateNew York Court of Claims · 1955
  3. Bach v. United StatesDistrict Court, N.D. New York · 1961
  4. Eldred v. KeenanAppellate Division of the Supreme Court of the State of New York · 1914

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