Rabinowitz v. Evergreen Amusement Corp.
137 Misc. 387 | N.Y. App. Term. | 1930
Lead Opinion
Plaintiff was free from contributory negligence, having been directed by defendant’s usher to proceed to the balcony, for a seat, and there was a question for the jury to determine whether the construction of the steps created a dangerous condition which imposed upon defendant the duty of safeguarding them.
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
Bijur and Peters, JJ., concur.
Dissenting Opinion
(dissenting). I dissent. (See Decker v. Brooklyn Strand Theatre Co., 222 App. 752; 249
