BOHLIG v. SCHMITT


5 A.D.2d 1002 (1958)

Selma Bohlig, as Administratrix of The Estate of Frederick Bohlig, Deceased, Respondent, v. Karl Schmitt et al., Appellants

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

April 21, 1958


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

No claim was made or established that appellants violated any statutory duty. At common law "there is no duty of an owner to light common ways absent some defective condition, unusual hazard or peculiar danger" (Kimbar v. Estis, 1 N.Y.2d 399, 403; see, also, McCabe v. Mackay, 253 N.Y. 440, 233 App. Div. 101; Landes...

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