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McMahan v. New York Mills

145 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1914-01-21 English

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p. 1131
McMAHAN v. NEW YORK MILLS.
(Supreme Court, Appellate Division, Fourth Department.
January 21, 1914.)

Headnote

Action by William C. McMahan, as administrator, etc., against the New Xork Mills.

Judgment and order reversed, defendant’s motion for nonsuit granted, and complaint dismissed, with costs, including the costs of this appeal. .Held, first, that there was no evidence that the platform is within the lines of a highway; second, that users of the platform were mere licensees, to whom defendant is not liable for mere neglect to keep the platform in repair.