Abramovitz v. City of New Haven

9 Conn. Super. Ct. 336, 9 Conn. Supp. 336, 1941 Conn. Super. LEXIS 85

Opinion

FOSTER, J.

Sometime prior to February 17, 1939, the defendant turned over possession and control of premises known as Zunder School unto the Works Progress Administra' tion. On that date the plaintiff slipped and fell on the private walk on these premises and received injuries. He claims that his injuries were proximately caused by failure of the defend' ant City of New Haven to perform its legal duty in maintain' ing these premises in a reasonably safe condition for reasonable use of one legally upon the same.

The City of New Haven had turned over unto the Works Progress Administration full possession, occupancy and control of the premises and had further agreed to furnish light, heat and electricity for the building. The Works Progress Ad' ministration specifically in writing agreed to furnish all jani' torial services and to maintain full care of the premises.

It is plain from an examination of the evidence that the defendant city had no control over these premises. Having no control it is not liable for the injuries set forth in this case.

Judgment is rendered in favor of the defendant against the plaintiff.