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Sheerin v. Garrison

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1927
220 App. Div. 777 (N.Y. App. Div. 1927)

Opinion

May, 1927.


Judgment dismissing complaint reversed upon the law, and new trial granted, costs to appellant to abide the event. The evidence of the open and unguarded stairway and its location adjacent to the highway, and the proof of the dangerous condition of the exposed and unprotected lamp socket, coupled with proof that boys were in the habit of playing on the stairway, lead us to the conclusion that the case should have been submitted to the jury. Manning, Young, Kapper and Lazansky, JJ., concur; Kelly, P.J., dissents.


Summaries of

Sheerin v. Garrison

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1927
220 App. Div. 777 (N.Y. App. Div. 1927)
Case details for

Sheerin v. Garrison

Case Details

Full title:JAMES F. SHEERIN, as Administrator, etc., of JAMES SHEERIN, JR., Deceased…

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

Date published: May 1, 1927

Citations

220 App. Div. 777 (N.Y. App. Div. 1927)