Cavanagh v. Crest Realty Co. — 139 N.Y.S. 1119

Majority

p. 1119

CAVANAGH v. CREST REALTY CO.

(Supreme Court, Appellate Term, First Department.

January 15, 1913.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Raymond Cavanagh, an infant, by Mary Cavanagh, his guardian ad litem, against the Crest Realty Company. From a jucfgment for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and new trial ordered. Simpson & Cardozo (Benjamin N. Cardozo, of New York City, of counsel), for appellant. Edward A. Scott (S. J. Bischoff, of New York City, of counsel), for respondent.

Upon the record we fail to find any evidence which shows that the defendant is responsible, either on the theory of respondeat superior or on the theory of nuisance, for the acts of the persons creating a dangerous condition on the sidewalk in front of the lot adjoining the premises controlled by the defendant. The judgment is therefore reversed, and a new trial ordered, with costs to appellant to abide the event.

LEHMAN and PAGE, JJ., concur.