ROBBINS v. BOYER


283 A.D. 449 (1954)

John Robbins, an Infant, by John F. Robbins, His Guardian ad Litem, Appellant, v. William A. Boyer et al., Individually and as Copartners Doing Business under the Name of Boyer & Lyons, Respondents

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

March 19, 1954.


Attorney(s) appearing for the Case

William J. Flynn, Jr., and William J. Flynn, for appellant.

James R. Ulsh for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


Per Curiam.

The complaint alleges that defendants "placed and maintained on the public sidewalk a display rack which they knew or should have known would cause injury to a pedestrian;" also that the infant plaintiff "was caused to sustain personal injuries when his right ring finger came into contact with said display rack". It further alleges that the placing of the display rack on the sidewalk "constituted a nuisance, menace and a trap".

The proof...

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