114 N.Y.S. 293 | N.Y. App. Div. | 1909
This action was brought to recover damages sustained by the plaintiff’s daughter, an infant under the age of fourteen years, by falling through a grating in front of certain premises on the corner of' One Hundred and Fifth street and Madison avenue in the city of Hew York, owned by the defendants Morgenroth. The tenant of the premises testified that the bars of the grating outside of the store ran towards the curb about three feet from ■ the house line. One of the bars of this grating was out so that there was a hole between tbe remaining bars of about three and one-half inches, and that had continued for about two we^ks prior to the accident. He
The Appellate Term in rendering .its decisión relied upon the case of Curran v. Flammer (49 App. Div. 293). In that case it
Patterson, P. J., McLaughlin, Clarke and Houghton, JJ., concurred.
Order reversed, with costs, and judgment of City Court affirmed. Settle order on notice.