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Eldred v. Keenan

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1914
164 App. Div. 63 (N.Y. App. Div. 1914)

Opinion

October 16, 1914.

Theodore J. Hearn [ Edward J. Walsh with him on the brief], for the appellant.

J. Baldwin Hand [ Richard B. Hand with him on the brief], for the respondent.


The complaint alleges that defendants permitted heaps of ice to form on the sidewalk in front of their premises, with notice thereof, but without effort to arrest the accumulation or to remove the obstruction, and that plaintiff slipping thereon was injured. Such passivity is not actionable wrongdoing. ( Moore v. Gadsden, 93 N.Y. 12; Mullins v. Siegel-Cooper Co., 183 id. 129; City of Rochester v. Campbell, 123 id. 405, 410; Brown v. Wysong, 1 App. Div. 423; Rohling v. Eich, 23 id. 179; English v. Kwint, 140 id. 509; Connolly v. Bursch, 149 id. 772.)

The order of the County Court of Queens county should be reversed, with ten dollars costs and disbursements, and the motion on the pleadings for judgment for the dismissal of the complaint, with costs, granted, with ten dollars costs of the motion.

JENKS, P.J., CARR, STAPLETON and PUTNAM, JJ., concurred.

Order of County Court of Queens county reversed, with ten dollars costs and disbursements, and the motion on the pleadings for judgment for the dismissal of the complaint, with costs, granted, with ten dollars costs of the motion.


Summaries of

Eldred v. Keenan

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1914
164 App. Div. 63 (N.Y. App. Div. 1914)
Case details for

Eldred v. Keenan

Case Details

Full title:CARRIE A. ELDRED, Respondent, v . MARIA KEENAN, Appellant, Impleaded with…

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

Date published: Oct 16, 1914

Citations

164 App. Div. 63 (N.Y. App. Div. 1914)
149 N.Y.S. 376

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The rest of the sidewalk and the roadway in front of the armory was clear of snow and of ice. Admittedly…

Bach v. United States

'Such passivity is not actionable wrongdoing'. Eldred v. Keenan, 164 A.D. 63, 149 N.Y.S. 376, and cases…