DE NICOLO v. PALMER

No. 151.

125 F.2d 126 (1942)

DE NICOLO v. PALMER et al.

Circuit Court of Appeals, Second Circuit.

January 22, 1942.


Attorney(s) appearing for the Case

Sydney A. Syme, of White Plains, N. Y., for appellant.

Edmund J. Moore and Edward R. Brumley, both of New York City, for appellees.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

The district judge found that "the condition of the stairway at the time of the accident has not been shown to be such as to constitute a failure on the part of the defendants to exercise ordinary care in view of the dangers to be apprehended from its use." This is not indeed a finding that no pebbles were left on the stairway; although in form a finding of fact, it is obviously a proposition into which there entered a standard of care and every such standard...

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