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Goldsmith v. Dickes

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1937
251 App. Div. 721 (N.Y. App. Div. 1937)

Opinion

May 7, 1937.

Present — Hagarty, Johnston, Adel and Taylor, JJ.; Lazansky, P.J., not voting.


On appeal by plaintiff in an action to recover damages for an injury sustained by tripping over a bicycle left in a private hallway of a dwelling, judgment dismissing the complaint unanimously affirmed, with costs. Although we are of opinion that the negligence, if any, of the servant may be imputed to the master, and so the element of notice was not essential, it was, nevertheless, within the province of the trial court to find that the hallway was lighted sufficiently for one to discern the presence of the bicycle and to avoid it and that, under such circumstances, there was not a condition here for which the defendant might be held liable for failure to exercise reasonable care on behalf of an invitee.


Summaries of

Goldsmith v. Dickes

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1937
251 App. Div. 721 (N.Y. App. Div. 1937)
Case details for

Goldsmith v. Dickes

Case Details

Full title:WILLIAM GOLDSMITH, Appellant, v. ROSE L. DICKES, Respondent

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

Date published: May 7, 1937

Citations

251 App. Div. 721 (N.Y. App. Div. 1937)