Appellate Terms of the Supreme Court of New York, 1913

Goldstein v. Hershkowitz

Goldstein v. Hershkowitz
Appellate Terms of the Supreme Court of New York · Decided January 9, 1913
139 N.Y.S. 3 (New York Supplement)

Counsel

James J. Mahoney, of New York City (Edward I. Taylor, of New York City, of counsel), for appellant., Samuel Saltzman, of New York City, for respondent.

Goldstein v. Hershkowitz

Opinion of the Court

PER CURIAM.

The plaintiff, an infant, was injured by slipping upon and falling over a rug laid in the front hall of a tenement house in which plaintiff’s parents were tenants. We do not think that any actionable negligence can be predicated upon the mere failure to nail a rug to the floor.

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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