Mary Bowers, an Infant, by May Bowers, Her Guardian Ad Litem, Appellants v. City Bank Farmers Trust…

Summary

The New York Court of Appeals reversed the nonsuit and ordered a new trial, holding that the infant plaintiff was an invitee on the roof of the defendant's building and that the owner owed a duty of reasonable care. The court based its decision on evidence of regular child play on the roof, the janitor's knowledge of such activity, and the plaintiff's status as a guest of a tenant.