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accident acts of negligence adjoining agreement apply arising assumed attractive nuisance doctrine automobile bank bility bodily injury building caddie Calif caused claims condition connection constitute construction contract contributory negligence court cover coverage damages dangerous defective dentist doctrine door drug duty elevator employer engaged entitled excavation exercise reasonable existence fact failed failure floor guest hand trucks hazards held liable Horn & Hardart Hospital imposed independent contractor injured person injuries resulting injuries suffered instance Insured's jurisdictions jury landlord leased lessee Liability policy loss maintenance manufacturer ment municipality N. Y. Supp named Insured nature nuisance obligation occur operations owner ownership patient patrons performed plaintiff player ployes premises proper protection purpose recovery rendered rented repair responsible rule S. S. Kresge safe safe deposit boxes sidewalk SW 2d tenant theatre thereof tion trespass verdict warehouseman warning X-ray