THIELE v. HICKEY


6 A.D.2d 939 (1958)

Jean M. Thiele, as Administratrix of The Estate of George A. Thiele, Jr., Deceased, Respondent, v. Edward P. Hickey et al., Appellants

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

July 3, 1958


Decedent lived in an upstairs apartment in a house owned by defendants. In some manner he fell and struck a corner of a ground floor back step and ruptured his liver, causing his death. It is not claimed that the stairs are defective. It is alleged that decedent stepped in a hole in a slab of cement set flush with the ground as he started up the stairs. This slab was no part of the steps but was located at the bottom of them. The only evidence as to the hole in the slab was...

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