From Casetext: Smarter Legal Research

Levy v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1938
255 App. Div. 857 (N.Y. App. Div. 1938)

Summary

In Levy v City of New York (255 App. Div. 857, affd 280 N.Y. 637), the infant plaintiff sledding along a Brooklyn sidewalk was injured when the sled struck a tree stump.

Summary of this case from Cygielman v. City of New York

Opinion

November 4, 1938.


Action by infant-plaintiff for damages for personal injuries and by his father for loss of services. The infant-plaintiff, while coasting on a sled along the sidewalk of one of the streets in the borough of Brooklyn, was injured when the sled collided with a tree stump. The stump was located two feet four inches outside of the building line and in the sidewalk area about six feet inside of the five-foot cement walk on the sidewalk. Judgment in favor of plaintiffs reversed on the law, with costs, and complaint dismissed, with costs. In our opinion, no negligence was shown on the part of the city, and the infant-plaintiff was guilty of contributory negligence as matter of law. There is no obligation on the part of the city to maintain the sidewalk in such a condition as to make it safe for those using it for coasting on sleds. Nor could the city be expected to anticipate the danger. Moreover, by coasting on the sidewalk the infant plaintiff was violating the statute. (Penal Law, § 1907.) Lazansky, P.J., Carswell, Davis, Johnston and Taylor, JJ., concur.


Summaries of

Levy v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1938
255 App. Div. 857 (N.Y. App. Div. 1938)

In Levy v City of New York (255 App. Div. 857, affd 280 N.Y. 637), the infant plaintiff sledding along a Brooklyn sidewalk was injured when the sled struck a tree stump.

Summary of this case from Cygielman v. City of New York
Case details for

Levy v. City of New York

Case Details

Full title:THEODORE LEVY, an Infant under the Age of Fourteen Years, by MORRIS L…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 4, 1938

Citations

255 App. Div. 857 (N.Y. App. Div. 1938)

Citing Cases

Intintoli v. Pierre Pellaton Apartments, Inc.

As this plaintiff veered, his bicycle slipped out from under him, causing him to fall and sustain injury. The…

Errante v. City of N.Y

Trial Term denied summary dismissal, ruling that roller skating is a contemplated use of the sidewalk, "no…