New York Court of Appeals

Daniel Beck, Respondent v. Elmira Carter, Executors

January 30, 187768 N.Y. 283

Summary

The Court affirmed the judgment, holding that the landowner owed a duty to protect an excavation that was adjacent to a public thoroughfare used as a highway and was liable for the plaintiff's injuries. The duty arose because the public had been invited to use the land, making the excavation a dangerous condition for lawful users.