Bressler v. Rule Realty Co., Inc.

Full title: ETTA BRESSLER, Respondent, v. RULE REALTY Co., INC., Appellant

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

Date published: Mar 4, 1927

219 App. Div. 529 (N.Y. App. Div. 1927)

230 N.Y.S. 461

Opinion

March 4, 1927.

Appeal from Supreme Court of New York County.

Frederick Mellor of counsel [ Richard F. Weeks with him on the brief], for the appellant.

Thomas J. Skelly of counsel [ Ezra Gottlieb, attorney], for the respondent.

Present — DOWLING, P.J., MERRELL, MARTIN, O'MALLEY and PROSKAUER, JJ.

PER CURIAM.

The accident occurred while rain was still falling with freezing temperature. The defendant was not negligent, therefore, in failing to remove the ice or to throw ashes or sawdust thereon. ( Kelly v. Manhattan Railway Co., 112 N.Y. 443.)

Plaintiff was also guilty of contributory negligence in failing to safeguard herself against the obvious slippery condition of the step.

The judgment should be reversed on the law and the facts, with costs, and the complaint dismissed, with costs.

PER CURIAM.

Judgment reversed, with costs, and the complaint dismissed, with costs.