Hyperlawhypertext legal database McCabe v. Kastens 63 N.Y. St. Rep. 180

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McCabe v. Kastens

63 N.Y. St. Rep. 180 Court N.Y. City Ct. Decision date 1894-10-23 English

Delivered by Fitzsimons, J.

Contents

Majority

p. 180
Bridget McCabe, App’lt, v. Frederick H. Kastens, Resp’t.
(New York City Court, General Term,
Filed October 23, 1894.)

Headnote

Negligence—Notice.
An owner, if he has no actual or constructive knowledge of the defective condition of his premises, is not liable for injuries caused thereby.
Appeal from a judgment dismissing the complaint.
J. A. O' Gorman, for app’lt; O. 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 conditions, 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 conditions 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.