Loretta Dix v. United States

SMITH, Circuit Judge

(dissenting).

I respectfully dissent. This injury occurred not on the public way, where New York would not hold an abutting owner or lessee responsible for ice and snow, but in an area leased by the United States and operated by it as a place for the public to approach its mail depositories. Since it leased the area for use, intended the use by those in plaintiff’s position, and continued to utilize the boxes despite the snow conditions, regularly removing the mail therefrom, I would hold it responsible for reasonable care to keep the area reasonably safe for its business visitors, in line with those New York cases which impose upon the occupier of land a duty to use reasonable care to maintain the premises in a reasonably safe condition with respect to invitees. E. g. Amodeo v. New York City Transit Authority, 10 App.Div.2d 982, 203 N.Y.S.2d 204 (Second Dept. 1960), aff’d 9 N.Y.2d 760, 215 N.Y.S.2d 699, 174 N.E.2d 743 (1961); Bordonaro v. Bank of Blasdell, 285 N.Y. 606, 3 N.E.2d 541 (1941); Klimaszewski v. Herrick, 263 App.Div. 235, 32 N.Y.S.2d 441 (4th Dept. 1942). I would reverse and remand for new trial.