Shapiro v. Lahne

258 A.D. 811, 15 N.Y.S.2d 1010, 1939 N.Y. App. Div. LEXIS 7057

Opinion

Action by the infant plaintiff to recover damages for personal injuries sustained on premises controlled by respondent, and by his mother, a tenant, to recover for medical expenses and loss of services. Judgment reversed on the law and a new trial granted, with costs to the appellants to abide the event. There was a question of fact for the jury and the direction of a verdict for the defendant-respondent at the close of the evidence was error. (McDonald v. Metropolitan Street R. Co., 167 N. Y. 66; Lee v. City Brewing Corporation, 279 id. 380.) The jury could have found that the respondent owed to the plaintiffs the duty to keep the workroom in a reasonably safe condition. Hagarty, Carswell, Adel and Close, JJ., concur; Lazansky, P. J., concurs in result.