Mahon v. Burns
New York Court of Common Pleas
Appeal from city court, general term. Action by Josephine Mahon against Patrick Burns. From a judgment of the city court (29 Y. Y. Supp. 682) affirming a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtPryor, J.
The plaintiff incurred the injury of which she complains in going along the hallway to the water-closet She was the tenant of the defendant; and, as landlord, he’owed her the duty of reasonable care to keep the hallway in a condition for safe passage. Peil v. Reinhart, 127 N. Y. 381, 384, 27 N. E. 1077. The evidence suffices to authorize the inference that the way was blocked by an obstruction, and that the obstruction was caused by persons engaged in replacing the floor of the hall with tiles. It is not apparent, however, that these persons were the servants of the defendant, but it seems…
2Cases cited5 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Peil v. . ReinhartNew York Court of Appeals · 1891
3Cited by1 opinion
- McQuade v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1896