Meiers v. Fred Koch Brewery
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 14, 1917, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was at most a licensee and the defendant owed him no duty save to refrain from actively injuring him.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 14, 1917, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was at most a licensee and the defendant owed him no duty save to refrain from actively injuring him. (Fox v. Warner Quinlan Co., 204 N. Y. 240; Cusick v. Adams, 115 N. Y. 55; Woods v. Miller, 30 App. Div. 232; Baker v. Otis Elevator Co., 78 App. Div.…
1Opinion of the CourtAndrews, J.
Over its property from the street in front, beside its building, giving access to a stable in the rear, the defendant had built a paved driveway. Back, one hundred and fifty feet, across half of this pavement, ran an unguarded coal hole.. The driveway was used by the defendant and by those who had business with it. To a trespasser or to a "licensee, one upon its premises solely for his own purposes and objects, not by invitation but with consent, no affirmative care was due. To all others using the driveway as it obviously was intended to be used reasonable care measured the defendant’s duty.
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2Cases cited24 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Gibson v. LeonardIllinois Supreme Court · 1892
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Benson v. Baltimore Traction Co.Court of Appeals of Maryland · 1893
- Woodruff v. BowenIndiana Supreme Court · 1893
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3Cited by81 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Dini v. NaiditchIllinois Supreme Court · 1960
- Krauth v. Israel Geller and Buckingham Homes, Inc.Supreme Court of New Jersey · 1960
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Aravanis v. EisenbergCourt of Appeals of Maryland · 1965
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