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.