Summary
In Cooper v. Overton, 102 Tenn. 211 (73 Am. St., 864), the Court said: "There can be no liability, unless it was the defendant's duty to fence the pond. It surely is not the duty of an owner to guard or fence every dangerous hole or pond or stream of water on his premises for the protection of persons going upon his land who have no right to go there. No (404) such rule of law is laid down in the books, and it would be most unreasonable to so hold.
Summary of this case from Briscoe v. Lighting and Power Co.Opinion
October 28, 1976
Order, Supreme Court, New York County, entered on November 26, 1975, unanimously affirmed, on the opinion of Gellinoff, J., at Special Term. (See, also, Vavolizza v Krieger, 33 N.Y.2d 351, 355, 356.) Respondent shall recover of appellant $60 costs and disbursements of this appeal.
Concur — Murphy, J.P., Lupiano, Birns, Silverman and Nunez, JJ.