Ernest Mayer, as Administrator of the Estate of Frank U. Mayer, Deceased, Respondent v. Temple Properties…

Summary

The New York Court of Appeals affirmed the judgment, holding that the defendants owed a duty of care to the twelve‑year‑old boy despite his status as a trespasser because they created a dangerous condition by leaving an insecure wooden covering over a deep opening, and that the breach of that duty caused his death. The court also held that contributory negligence is a factual issue for the trier of fact.