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Davis v. Rockford Realty Management Corporation

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1937
253 App. Div. 765 (N.Y. App. Div. 1937)

Opinion

December 30, 1937.


In an action brought by an infant to recover damages for personal injuries sustained when he placed his hand in certain unguarded elevator machinery in a structure on the roof of an apartment house, and by his father for damages for loss of the infant's services, judgment in favor of the defendants, dismissing the complaint, reversed on the law and a new trial granted, with costs to appellants to abide the event. The question whether the infant plaintiff was an invitee of the defendants on the roof of the apartment house where the accident occurred, or a bare licensee, was one of fact for the jury under proper instructions. If he was such licensee, the defendants would be entitled to a verdict. If he was in fact an invitee, the question whether the defendants used reasonable care for his safety was one of fact for the jury. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.


Summaries of

Davis v. Rockford Realty Management Corporation

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1937
253 App. Div. 765 (N.Y. App. Div. 1937)
Case details for

Davis v. Rockford Realty Management Corporation

Case Details

Full title:JEROME THOMAS DAVIS, an Infant, by LESLIE DAVIS, His Guardian ad Litem…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 30, 1937

Citations

253 App. Div. 765 (N.Y. App. Div. 1937)

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