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Tagg v. Senner

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1937
252 App. Div. 784 (N.Y. App. Div. 1937)

Opinion

October 22, 1937.

Present — Carswell, Davis, Johnston, Adel and Close, JJ.


The action is to recover damages for personal injuries suffered by plaintiff when she slipped and fell on some spinach or other vegetable matter on the sidewalk in front of the premises occupied by defendant Senner. Defendant Tantillo was the tenant of an adjoining store in the same premises owned by Senner. The evidence justified the inference that the spinach fell from a stand maintained by Tantillo in front of the store. ( Hughes v. Borden's Farm Products Co., Inc., 252 N.Y. 532; Keegan v. Hohorst, 235 App. Div. 871; affd., 261 N.Y. 566; Wheeler v. Deutch, 242 App. Div. 641; Jensen v. Great Atlantic Pacific Tea Co., 240 id. 1008.) At the time of the accident the stand was maintained without a permit. It was a nuisance and Senner not only was chargeable with notice of the nuisance but had actual knowledge of its existence. ( Swords v. Edgar, 59 N.Y. 28; Timlin v. Standard Oil Co., 126 id 514; Saphir v. Childs Company, Inc., 243 App. Div. 636. ) Judgment for plaintiff against both defendants unanimously affirmed, with costs.


Summaries of

Tagg v. Senner

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1937
252 App. Div. 784 (N.Y. App. Div. 1937)
Case details for

Tagg v. Senner

Case Details

Full title:ELIZABETH TAGG, Respondent, v. FRANK J. SENNER and JOHN TANTILLO, Also…

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

Date published: Oct 22, 1937

Citations

252 App. Div. 784 (N.Y. App. Div. 1937)