Applebaum v. . Albrecht

New York Court of Appeals

Applebaum v. . Albrecht

144 N.E. 915, 238 N.Y. 617, 1924 N.Y. LEXIS 801

DecidedJuly 5, 1924

StatusPublished

This text of 144 N.E. 915 (Applebaum v. . Albrecht) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Applebaum v. . Albrecht, 144 N.E. 915, 238 N.Y. 617, 1924 N.Y. LEXIS 801 (N.Y. 1924).

Pincite

Opinion

Per Curiam.

We think a reasonable man could not reasonably suppose that the iron rod, appearing as it did, and situated as it was, had been placed in the pole *618 as a substitute for a spike, or that there was any invitation to mount or descend thereon.

The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.

His cock, Ch. J., Cardozo, Pound and McLaughlin, JJ., concur; Crane, Andrews and Lehman, JJ., dissent.

Judgment reversed, etc.

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Per Curiam.

We think a reasonable man could not reasonably suppose that the iron rod, appearing as it did, and situated as it was, had been placed in the pole *618 as a substitute for a spike, or that there was any invitation to mount or descend thereon.

The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.

His cock, Ch. J., Cardozo, Pound and McLaughlin, JJ., concur; Crane, Andrews and Lehman, JJ., dissent.

Judgment reversed, etc.

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Bluebook (online)

144 N.E. 915, 238 N.Y. 617, 1924 N.Y. LEXIS 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applebaum-v-albrecht-ny-1924.