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49 Misc. 651

Greenfield v. Doepfner

Appellate Terms of the Supreme Court of New York · decided 1906-02-15

<p>Negligence — Acts or omissions constituting negligence—Use of buildings— Insufficiently lighted hall and stairway.</p>

Cited by 2 later decisions — most recently December 1935

2 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1906-02-15

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Scott, J.

¶1The evidence that the hall and stairways were insufficiently lighted and that this was the immediate cause of the accident is quite satisfactory. We may not say, as matter of law, that the plaintiff was guilty of contributory negligence because she only steadied herself against the bannister, without actually grasping it (Brown v. Wittner, 43 App. Div. 135), nor should we, in my opinion, so find as matter of fact, in face of the opposite view taken by the trial justice. The damages were very moderate.

¶2I favor affirmance, with costs.

¶3Giegkebich and Gbeehbaum, JJ., concur.

¶4Judgment affirmed, with costs.

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