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Applebaum v. Albrecht

Court of Appeals of the State of New York
Jul 5, 1924
238 N.Y. 617 (N.Y. 1924)

Opinion

Argued June 5, 1924

Decided July 5, 1924

Edward P. Mowton for Mathias J. Albrecht, appellant.

Robert P. Beyer and Adolph Waxenbaum for Fannie Waxenbaum, appellant.

Julian J. Raphael and Samuel R. Robinson for respondent.


We think a reasonable man could not reasonably suppose that the iron rod, appearing as it did, and situated as it was, had been placed in the pole as a substitute for a spike, or that there was any invitation to mount or descend thereon.

The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.

HISCOCK, Ch. J., CARDOZO, POUND and McLAUGHLIN, JJ., concur; CRANE, ANDREWS and LEHMAN, JJ., dissent.

Judgment reversed, etc.


Summaries of

Applebaum v. Albrecht

Court of Appeals of the State of New York
Jul 5, 1924
238 N.Y. 617 (N.Y. 1924)
Case details for

Applebaum v. Albrecht

Case Details

Full title:IRVING APPLEBAUM, Respondent, v . MATHIAS J. ALBRECHT et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Jul 5, 1924

Citations

238 N.Y. 617 (N.Y. 1924)