154 N.Y.S. 825 | N.Y. App. Div. | 1915
This action was brought by an administratrix to recover damages for the death of Bernard Sizse, her son, through the alleged negligence of the defendant. The decedent lived with his mother, the plaintiff, at the premises No. 227 Hamburg avenue, in the borough of Brooklyn. In the rear yard of the premises there was a clothes pole about thirty-five feet high, for the use of the tenants. Spikes were attached to the pole to enable one to climb up to adjust pulleys and clothes lines. A line ran from the plaintiff’s window to the top of the pole, through pulleys, one on the pole, another on the side of the house. The plaintiff had resided on the premises for about fifteen months. The pole was there when she came. On October 28, 1913, the Sizse family were moving from the premises. One of the daughters attempted to take their clothes line by hauling it through the pulleys. It became entangled by a knot at the pulley on the pole. ' The decedent went down to the rear yard and ascended the pole to disengage the clothes line. When he got to the top, the
The judgment and order should be reversed and a new trial granted, costs to abide the event.
Jenks, P. J., Stapleton, Mills and Rich, JJ., concurred.
Judgment and order reversed and new trial granted, costs to abide the event.