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Baynes v. New York, New Haven & Hartford Railroad

279 A.D. 598 Court N.Y. App. Div. Decision date 1951-10-15 English

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p. 598
Juanita Baynes et al., Respondents, v. New York, New Haven and Hartford Railroad Company, Appellant, et al., Defendants.

It is our opinion that this record presented a question of fact upon the control of the area and the duty to maintain it, which should have been submitted to the jury and not determined by the court; and that it was error to charge the jury that they should not consider the lease and to charge that it was appellant’s duty to maintain the area in a reasonably safe condition. Nolan, P. J., Carswell, Johnston, Sneed and MaeCrate, JJ., concur.