Summary
In Kraus v. Wolf, 253 N.Y. 300 (171 N.E. 63) it was held that a small depression in a step wherein water may collect and freeze does not create a dangerous condition which the owner is bound to remedy, and we reached a similar conclusion in Banks v. Housing Authority of the City of Atlanta, 79 Ga. App. 313 (53 S.E.2d 595).
Summary of this case from Auerbach v. PadgettOpinion
Argued February 13, 1930
Decided March 18, 1930
Appeal from the Supreme Court, Appellate Division, First Department.
Theodore H. Lord and James B. Henney for appellant.
William F. McNulty, Harold R. Medina and Joseph Levy for respondent.
A small pool of water in a slight depression, caused by wear, on the surface of an outdoor step creates no dangerous condition, and reasonable care did not require the defendant to prevent or remedy such condition.
The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Judgments reversed, etc.