STEENBAR v. CHARLES BUERMAN & CO., INC.


2 A.D.2d 780 (1956)

Peter Steenbar, Respondent, v. Charles Buerman & Co., Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 18, 1956


Judgment reversed on the law, with costs, and complaint dismissed. The findings of fact are affirmed.

Testimony of respondent and his landlady that prior to the accident they had seen children, at play, throw bricks from the roof, is insufficient to render appellants liable for such a missile thrown across the street at respondent by a stranger. Appellants were under no duty to police the roof, and the thrower of the missile was obviously an unidentified trespasser...

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