FOCHTMAN v. GILMAN


9 A.D.2d 904 (1959)

Margaret Fochtman, Respondent, v. Herbert L. Gilman, Appellant

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

December 14, 1959


Judgment unanimously affirmed, with costs.

In our opinion, it may be inferred from the ownership of real property that the owner was in possession and control thereof so as to render him liable in damages to the user of an abutting public highway for injuries caused by the maintenance of the property in a condition dangerous to the traveling public. It is not incumbent upon the injured party affirmatively to prove that the owner has not in fact so divested himself...

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