Appellate Division of the Supreme Court of New York, 1936

Shaw v. Irving Trust Co.

Shaw v. Irving Trust Co.
Appellate Division of the Supreme Court of New York · Decided November 30, 1936
249 A.D. 659; 291 N.Y.S. 571; 1936 N.Y. App. Div. LEXIS 5427
Shaw v. Irving Trust Co.

Opinion of the Court

Action by wife and husband to recover respectively for personal injuries and loss of services claimed to have been sustained by reason of the negligence of defendant in the maintenance of a handrail at the front entrance steps of a building. Judgment reversed on the law, with costs, and complaint dismissed, with costs. We are of the opinion that actionable negligence has not been established. The defect in the handrail was of so slight a character that an accident of this nature could not reasonably have been foreseen by defendant. Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ., concur.

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