Hart v. McKenna

Citations

• 106 A.D. 219
• 94 N.Y.S. 216

Syllabus

<p>JfegVigence—injury from stepping into a coal hole— liability of the owner, who had moved out of the house while repairs were being made by a contractor—presumption after twenty years that the coal hole was authorized.</p> <p>A woman having a life estate in a house and lot, in the sidewalk in front of which there had been maintained for upwards of twenty years a coal hole covered by an iron cap fastened from the inside with a chain and bolt, entered into a contract with one Olsen for the repairing and remodeling of the house. She moved out of the house for the sole purpose of enabling the repairs to he made, but, before doing so, ascertained by personal inspection that the cover of the coal hole was properly fastened. During the progress of the repairs . the contractor used the coal hole for the purpose of taking materials from the street into the basement of the house. On one occasion, after such User, he neglected to properly fasten the cover of the coal hole,. in consequence of which the cover came off when stepped upon by a pedestrian, causing the pedestrian to sustain personal injuries. The life tenant had no knowledge of the contractor’s use of the coal hole, and during the progress of the repairs made no inspection or examination of the cover of the coal hole to ascertain whether it was fastened.</p> <p>Held, that it could not be said, as matter of law, that the life tenant was not liable for the injuries sustained by the pedestrian;</p> <p>That the coal hole having existed for more than twenty years, it would be presumed that it was constructed and maintained in the sidewalk by permission of the proper authorities; '</p> <p>That the privilege enjoyed by the; life tenant of maintaining the coal hole carried with it the special duty of keeping such coal hole in a safe condition;</p> <p>That the possession given by the life tenant to the contractor did not relieve the life tenant from the duty, during the progress of the repairs, of using reasonable diligence