William Scott, Respondent v. Grove T. Curtis, Appellants

Summary

The New York Court of Appeals reversed the Appellate Division's judgment that had affirmed a verdict for the property owner who was sued by a pedestrian injured in a coal hole. The court held that the owner is liable for an uncovered coal hole, that such liability does not excuse the coal dealer’s employees who actually caused the injury, and that the owner must prove the defendants' negligence with evidence beyond the prior judgment roll. Because the owner failed to do so, the judgment was reversed and a new trial granted.