Majority
p. 832(10 Misc. Rep. 42.) McCABE v. KASTENS. (City Court of New York, General Term. October 23, 1894.) Argued before EHRLICH, C. J., and FITZSIMOHS, J.
Headnote
Negligence—Dangerous Premises—Knowledge of Owner.The owner of premises is not liable for injuries caused by the defective condition thereof unless he knew of such condition, or it had existed for a reasonable length of time.'
Appeal from trial term.
■ Action by Bridget McCabe against Frederick H. Hastens to recover damages for personal injuries. The complaint was dismissed, and plaintiff appeals. Affirmed.
J. A. O’Gorman, for appellant.
C. F. Holm, for appellee.
The testimony submitted by the plaintiff fails to establish that the defendant kept his premises in a dangerous condition. The plaintiff’s own testimony shows that the way was only worn and ragged. She saw its condition, and apparently deemed it safe to travel over. If her judgment was wrong, and she was injured thereby, she has only herself to blame. Besides, it is necessary for the plaintiff, in cases of this kind, to show that the landlord had actual notice of the dangerous condition of his premises, or that the dangerous condition existed for a reasonable length of time. This her testimony failed to show; therefore.the complaint was properly dismissed.