Owen v. Straight

These actions were brought to recover for the death of the son, and the personal injuries of the father, on the ground of the negligence of the owner of the hotel. At the close of plaintiffs’ testimony the court granted defendant’s motion to dismiss the complaint in each case, on the ground of plaintiffs’ failure to establish actionable negligence on the part of the defendant. It is clear that the hotel in question does not come within the provisions of section 205 of the General Business Law, because it did not exceed two stories in height; and accordingly, if the owner is to be held hable…