YAVORSKY v. ALEXANDER SMITH & SONS CARPET CO.


1 A.D.2d 892 (1956)

Edward J. Yavorsky, Appellant, v. Alexander Smith & Sons Carpet Company, Respondent

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

March 5, 1956


Action to recover damages for personal injuries suffered when appellant fell while crossing respondent's private way which connects two public streets. It was raining at the time, and the way was unlighted. Appellant's foot contacted a cobblestone which was one of a line of such stones constituting a drain on the way. The conditions on the way had existed for at least ten years, to appellant's knowledge. Appellant was using the way as a short cut for his own convenience....

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