Baynes v. New York, New Haven & Hartford Railroad , 107 N.Y.S.2d 472 ( 1951 )

It is our opinion that this record presented a question of fact upon the control of the area and the duty to maintain it, which should have been submitted to the jury and not determined by the court; and that it was error to charge the jury that they should not consider the lease and to charge that it was appellant’s duty to maintain the area in a reasonably safe condition. Nolan, P. J., Carswell, Johnston, Sneed and MaeCrate, JJ., concur.