Morris v. Ludwig

Appellate Division of the Supreme Court of New York

Morris v. Ludwig

258 A.D. 926, 16 N.Y.S.2d 777, 1939 N.Y. App. Div. LEXIS 7602

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 26, 1939

StatusPublished

This text of 258 A.D. 926 (Morris v. Ludwig) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morris v. Ludwig, 258 A.D. 926, 16 N.Y.S.2d 777, 1939 N.Y. App. Div. LEXIS 7602 (N.Y. Ct. App. 1939).

Pincite

Opinion

The plaintiff wife sought to recover damages for personal injuries resulting from a fall on the upper stairway of a two-family house. She had been a tenant on the top floor for about a year, and the negligence alleged was the failure of the landlords to furnish light on the stairway, which was claimed to be of a peculiarly dangerous construction. The plaintiff husband sued for loss of services. The complaint was dismissed at the close of plaintiffs’ case. Judgment affirmed, with costs. Ho opinion. Lazansky, P. J., Carswell, Johnston and Adel, JJ., concur; Close, J., dissents, votes to reverse the judgment and to grant a new trial upon the ground that on the facts disclosed the stairway upon which the accident occurred was a common way under the control of the landlord.

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The plaintiff wife sought to recover damages for personal injuries resulting from a fall on the upper stairway of a two-family house. She had been a tenant on the top floor for about a year, and the negligence alleged was the failure of the landlords to furnish light on the stairway, which was claimed to be of a peculiarly dangerous construction. The plaintiff husband sued for loss of services. The complaint was dismissed at the close of plaintiffs’ case. Judgment affirmed, with costs. Ho opinion. Lazansky, P. J., Carswell, Johnston and Adel, JJ., concur; Close, J., dissents, votes to reverse the judgment and to grant a new trial upon the ground that on the facts disclosed the stairway upon which the accident occurred was a common way under the control of the landlord.

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Bluebook (online)

258 A.D. 926, 16 N.Y.S.2d 777, 1939 N.Y. App. Div. LEXIS 7602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-ludwig-nyappdiv-1939.