Walker v. Realty Managers, Inc.

Headnote

Negligence — building — failure to erect shed over sidewalk extending to curb —■ liability of owner for injury to pedestrian struck by board falling from building.

Walker v. Realty Managers, Inc., 218 App. Div. 829 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1926, affirming a judgment in favor

of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by-plaintiff through the negligence of defendant. Plaintiff, while crossing to the northeast comer of Fifth avenue and Thirty-sixth street in the borough of Manhattan was struck on the head by a piece of board which fell from a building under construction at that comer and received the injuries complained of. The owner of the building was held liable for failure to erect a shed extending from the building line to the curb over the sidewalk adjacent to the building.