McCabe v. Kastens

City of New York Municipal Court

McCabe v. Kastens

10 Misc. 42, 30 N.Y.S. 832, 63 N.Y. St. Rep. 180

CourtCity of New York Municipal Court

DecidedOctober 15, 1894

StatusPublished

Cited by1 cases

This text of 10 Misc. 42 (McCabe v. Kastens) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCabe v. Kastens, 10 Misc. 42, 30 N.Y.S. 832, 63 N.Y. St. Rep. 180 (N.Y. Super. Ct. 1894).

Pincite

Opinion

Fitzsimons, J.

The testimony submitted by the plaintiff fails to establish that the defendant kept his premises in a dangerous condition.

The plaintiff’s own testimony shows that the way was only worn and ragged. She saw its condition and apparently deemed it safe to travel over. If her judgment was wrong and she was injured thereby she has only herself to blame.

Besides, it is necessary for the plaintiff, in cases of this kind, to show that the landlord had actiial notice of the dangerous condition of his premises, or that the dangerous condition • existed for a reasonable length of time.

This her testimony failed to show; therefore, the complaint was properly dismissed.

Ehrlich, Oh. J., concurs.

Judgment affirmed, with costs.

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