Withers v. Brooklyn Real Estate Exchange, Ltd.

Citations

• 106 A.D. 255
• 94 N.Y.S. 328

Syllabus

<p>Negligence — a person desiring to rent offices in a building, directed by a sign therein to seek the engineer, injured by falling into an ashpit in the cellar — effect of disregarding a sign of “ No admittance ” —proof of previous accidents at the ashpit.</p> <p>In an action brought to recover damages for personal injuries, it appeared that between half-past four and five o’clock in the afternoon of the day in question the plaintiff went to the defendant’s building for the purpose of renting an office therein; that, on inquiring of the elevator man for the superintendent or janitor, he was directed to a certain room; that on arriving at such room he found a door locked and the following sign thereon; “Inquire of Chauncey & Co. or of the engineer in the building,” that the elevator man informed the plaintiff that the engineer was in the cellar and directed him to a porter who took him downstairs into the cellar, saying that he would show him where the engineer was; that at the bottom cf the steps the plaintiff saw a sign marked. “No admittance; ” that the plaintiff did not heed this admonition, but followed the porter and that, as he proceeded through the cellarway, he fell into an unguarded ashpit in front of the boilers, which ashpit was about seven feet square and five feet deep, and sustained personal injuries.</p> <p>Neld, that a judgment entered upon a verdict in favor of the plaintiff should be affirmed;</p> <p>That, under the circumstances, the plaintiff had a right to seek the engineer in the boiler room and that the sign “No admittance,” which he-encountered, did not constitute him a trespasser;</p> <p>That the defendant, having extended the invitation which led the plaintiff into the cellar, was bound to exercise reasonable care to prevent him from falling into the ashpit, and that tile evidence was sufficient to justify a finding that it did hot exercise such reasonable care^</p> <p>That proof of previous accidents at the ashpit was competent for the p