Joseph v. Horn Hardart Company

Full title: ADELAIDE JOSEPH, Appellant, v. HORN HARDART COMPANY, Respondent

Court: Court of Appeals of the State of New York

Date published: Jan 24, 1941

32 N.E.2d 831 (N.Y. 1941)

32 N.E.2d 831

Opinion

Submitted January 10, 1941

Decided January 24, 1941

Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.

Daniel J. Riesner and Julian Jawitz for appellant.

H.H. Brown and E.C. Sherwood for respondent.

Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the ground that a question of fact as to defendant's negligence was presented. No opinion.

Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Dissenting: LEHMAN, Ch. J.