ZIHAL v. STATEN ISLAND RAPID TRANSIT RY. CO.


283 A.D. 889 (1954)

Michael Zihal, Appellant, v. Staten Island Rapid Transit Railway Co., Respondent

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

April 12, 1954.


Judgment unanimously affirmed, with costs.

Assuming that the place where the accident occurred was being maintained and operated in a dangerous manner, as alleged, it is of no material consequence whether the danger is said to result from the maintenance of a nuisance or from the negligent omission to provide a reasonably safe place to alight. The term nuisance, as applied to such a situation, merely means continued negligence, and the three-year Statute of Limitations...

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