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Bressler v. Rule Realty Co.

219 A.D. 529, 220 N.Y.S. 461, 1927 N.Y. App. Div. LEXIS 10959
Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1927·Published·Cited by 12 cases

Opinion

Per Curiam.

The accident occurred while rain was still falling with freezing temperature. The defendant was not negligent, therefore, in failing to remove the ice or to throw ashes or sawdust thereon. (Kelly v. Manhattan Railway Co., 112 N. Y. 443.)

Plaintiff was also guilty of contributory negligence in failing to safeguard herself against the obvious slippery condition of the step.

The judgment should be reversed on the law and the facts, with costs, and the complaint dismissed, with costs.

Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.

Judgment reversed, with costs, and the complaint dismissed, with costs.

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Bressler v. Rule Realty Co., 219 A.D. 529, 220 N.Y.S. 461, 1927 N.Y. App. Div. LEXIS 10959 (N.Y. Ct. App. 1927).

219 A.D. 529 (Bressler v. Rule Realty Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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