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Egerton v. Lavarello

Appellate Division of the Supreme Court of New York, Third Department
May 19, 1954
283 App. Div. 984 (N.Y. App. Div. 1954)

Opinion

May 19, 1954.

Appeal from Supreme Court, Albany County.

Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.


Defendant is a brother-in-law of plaintiff. The proof shows, and the jury could find, that on October 6, 1951, defendant invited the plaintiff to come to his property in Albany to repair a small porch in the rear of the building. Plaintiff testified that defendant walked out on the porch and that plaintiff followed him; the porch "went through" and plaintiff fell and was injured. There was an admission attributed to defendant that he did not know he had "left the stoop weaken so much". From the record before it the jury could find that the porch was in a dangerous condition which defendant as its owner and in control of it ought to have known; that the knowledge that it was to be repaired did not necessarily charge plaintiff with a knowledge of the kind of danger that would exist by merely walking on it, especially since it could be found that plaintiff followed defendant on the porch and might be found by the jury to have relied on defendant's judgment as to its safety for this purpose. We are of opinion that plaintiff was not negligent as a matter of law and that the verdict in his favor is not against the weight of the evidence. Judgment unanimously affirmed, with costs.


Summaries of

Egerton v. Lavarello

Appellate Division of the Supreme Court of New York, Third Department
May 19, 1954
283 App. Div. 984 (N.Y. App. Div. 1954)
Case details for

Egerton v. Lavarello

Case Details

Full title:WILLIS C. EGERTON, Respondent, v. FORTUNATO LAVARELLO, Appellant

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

Date published: May 19, 1954

Citations

283 App. Div. 984 (N.Y. App. Div. 1954)

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