Appellate Division of the Supreme Court of the State of New York March 7, 1902 (Knight v. Lanier)

HIRSCHBERG, J.

The plaintiff has recovered a small judgment on the theory of negligence, and the question presented on the appeal is whether, at the time of the occurrence complained of, the defendant owed him the duty of exercising care. The accident occurred on Sunday, May 27, 1900, in the daytime, on a private lane belonging to Mr. Whitney, at Wheatly Hills, in Nassau county.