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Harkin v. Crumbie

45 N.Y.S. 1142 Court N.Y. City Ct. Decision date 1897-04-28 English

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p. 1142
HARKIN, Respondent, v. CRUMBIE, Appellant.
(City Court of New York, General Term.
April 28, 1897.)

Headnote

Action by Ellen F. Harkin against George B. Crumbie. For former report, see 35 N. Y. Supp. 1027 .
Frank R. Crumbie, for appellant.
Patrick J. O’Beirne, for respondent.

The defendant having the passageway in question fenced in for his own benefit, a duty rested upon him to keep and maintain the same reasonably safe and free from danger. His failure to do so was negligence on his part. The evidence shows that he or his agent had jiotice of the dangerous condition of said passageway, and that plaintiff was free from contributory negligence. The jury, we think, were right in finding that plaintiff was injured through the defendant's negligence, and that he was free from contributory negligence. We find no errors, and judgment must be affirmed, with costs.