Roth v. G. A. Feld Co.

Appellate Terms of the Supreme Court of New York

Roth v. G. A. Feld Co.

59 Misc. 214, 110 N.Y.S. 427

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1908

StatusPublished

This text of 59 Misc. 214 (Roth v. G. A. Feld Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roth v. G. A. Feld Co., 59 Misc. 214, 110 N.Y.S. 427 (N.Y. Ct. App. 1908).

Pincite

Opinions

Gildersleeve, J.

I agree to an affirmance of the judgment herein. The invitation from defendant to the plaintiff to use the stairs in question justified the plaintiff in assuming that they were not dangerous, since it was the duty [215]*215of the defendant to maintain them in a reasonably safe condition. The proof introduced by plaintiff established a prima facie case of negligence on the part of the defendant; and, in the absence of any explanation by the defendant, the plaintiff was entitled to judgment. Schnizer v. Phillips, 108 App. Div. 17.

The judgment should be affirmed, with costs.

Greenbaum, J., concurs.

Free access — add to your briefcase to read the full text and ask questions with AI

Gildersleeve, J.

I agree to an affirmance of the judgment herein. The invitation from defendant to the plaintiff to use the stairs in question justified the plaintiff in assuming that they were not dangerous, since it was the duty [215]*215of the defendant to maintain them in a reasonably safe condition. The proof introduced by plaintiff established a prima facie case of negligence on the part of the defendant; and, in the absence of any explanation by the defendant, the plaintiff was entitled to judgment. Schnizer v. Phillips, 108 App. Div. 17.

The judgment should be affirmed, with costs.

Greenbaum, J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

59 Misc. 214, 110 N.Y.S. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roth-v-g-a-feld-co-nyappterm-1908.

Opinions

Related

Cite This Page — Counsel Stack