Bressler v. Rule Realty Co.
| Decision Date | 21 June 1928 |
| Citation | 162 N.E. 548,248 N.Y. 619 |
| Parties | Etta BRESSLER, Appellant, v. RULE REALTY CO., Inc., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from a judgment, entered April 4, 1927, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (219 App. Div. 529, 220 N. Y. S. 461), reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, a resident in a building owned by defendant, slipped upon ice which had accumulated upon the entrance steps to the building and falling received the injuries complained of. The accident occurred while rain was falling with freezing temperature. The Appellate Division held that defendant was not negligent, under the circumstances, in failing to remove or throw ashes or sawdust on the ice but that plaintiff was guilty of contributory negligence in failing to safeguard herself against the obvious slippery condition of the steps.
Abraham Brekstone, of New York City, for appellant.
Frederick Mellor, of New York City, for respondent.
Judgment affirmed, with costs.
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