Vinci v. Bremer — 247 N.Y. 563

Majority

p. 563

Mary Vinci, an Infant, by Anthony Vinci, Her Guardian ad Litem, Respondent, v. Louis Bremer, Appellant, Impleaded with Another.

Headnote

Negligence — piece of iron protruding from sidewalk near entrance to building — liability of owner for injury to child of tenant who tripped on iron and fell.

Vinci v. Bremer, 220 App. Div. 760 , affirmed.

(Submitted January 16, 1928;

decided February 14, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover

p. 564

for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The parents of plaintiff, a child twelve years of age, were tenants of the defendants. Plaintiff had been to a neighboring store for a bottle of milk. Upon returning, as she was about to enter the vestibule, her foot struck a piece of iron protruding from the sidewalk near the steps causing her to fall and receive the injuries complained of.

George F. Hickey, Harold R. Oakes and William Butler for appellant.

Charles A. Winter for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.