Walker v. Bachman
New York Court of Appeals
There was nothing defective or wrong about the driveway and wall in the rear of defendant’s premises. Defendant did not owe plaintiff any duty, did not violate any duty and is not fiable. (Mendelowitz v. Neisner, 258 N. Y. 181; Sterger v. Van Sicklen, 132 N. Y. 499; Polemenakos v. Cohn, 234 App. Div. 563; 260 N. Y. 524; Walsh v. Fitchburg R. R. Co., 145 N. Y. 301; Aubrey v. McCarthy, 217 App.
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There was nothing defective or wrong about the driveway and wall in the rear of defendant’s premises. Defendant did not owe plaintiff any duty, did not violate any duty and is not fiable. (Mendelowitz v. Neisner, 258 N. Y. 181; Sterger v. Van Sicklen, 132 N. Y. 499; Polemenakos v. Cohn, 234 App. Div. 563; 260 N. Y. 524; Walsh v. Fitchburg R. R. Co., 145 N. Y. 301; Aubrey v. McCarthy, 217 App. Div. 492; Miller v. Woodhead, 104 N. Y. 471; McAlpin v. Power, 70 N. Y. 126; Powers v. Owego Bridge Co., 97 App. Div. 477; McNeven v. Arnott. 4 App. Div. 133; Tymon v. M. L. S. Construction Co., 262 N.…
1Per curiam
The defendant owned a two-family house, in the rear of which, under the first floor, were two garages facing a cement space extending twenty-three feet eight inches out from the building, constituting the back yard. The outer margin of this cement space was inclosed by a masonry wall fourteen inches high and twenty inches wide across the top. Back of that parapet was a total drop of about eleven feet to the yard in the rear of houses below. The plaintiff Samuel Walker, father of the infant plaintiff, was the lessee of the upper floor of the defendant’s house. He did not rent or use either of…
2Cases cited2 opinions
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Murtha v. . RidleyNew York Court of Appeals · 1922
3Cited by14 opinions
- Smith v. Benson's Wild Animal Farm, Inc.Supreme Court of New Hampshire · 1954
- George Avlon v. Greencha Holding Corp.Court of Appeals for the Second Circuit · 1956
- Simmons v. Poughkeepsie Savings BankAppellate Division of the Supreme Court of the State of New York · 1938
- Keenan v. Lawyers Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Piche v. StateNew York Court of Claims · 1951
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