200 A.D. 639 | N.Y. App. Div. | 1922
The defendant was the owner of a tenement house. The plaintiff was walking along the sidewalk in front of the house and slipped on a banana peel, which resulted in her injuries. The evidence is to the effect that in the evenings the tenants sit out on the front stoop of this tenement house and eat oranges and bananas and throw the peels out onto the walk. The plaintiff on the argument practically admitted that a failure to clean the walk did not render the defendant liable, but that the plaintiff’s right of action was against the city, with the possible right of the city to recover over against the owner of the house in case of negligence. This has been
There are other questions in the case. It was clearly error to allow the plaintiff to show that the assistant to the janitress was drunk at the time. Such evidence is not competent evidence upon the fact of the negligent condition of the sidewalk through the affirmative act of the defendant’s janitress. The objections to that evidence, however, were not properly stated in a number of cases where this fact was brought out. But that is immaterial
The judgment and order should be reversed, with costs, and the complaint dismissed, with costs.
Dowling, Laughlin, Merrell and Greenb aum, JJ., concur.
Judgment and order reversed, with costs to the appellant, and the complaint dismissed, with costs.