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Martin v. Metropolitan Jockey Club

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1945
268 App. Div. 1061 (N.Y. App. Div. 1945)

Opinion

January 22, 1945.

Present — Close, P.J., Hagarty, Carswell and Adel, JJ.; Lewis, J., not voting.


Appeal by defendant from a judgment in favor of plaintiff, entered on the verdict of a jury, in an action to recover damages for personal injuries caused by falling on stairs in defendant's clubhouse. Judgment unanimously affirmed, with costs. The method of construction created a question of fact for the jury. ( McGahan v. St. Saviors R.C. Church, 290 N.Y. 825; Kern v. Great Atlantic Pacific Tea Co., 241 N.Y. 600.) Assuming that Mrs. Hilbert, a witness for plaintiff, fell in the grandstand and not in the clubhouse, the jury could infer from her testimony that she fell under similar circumstances in that the construction of the stairway in the grandstand was the same as in the club. Under such circumstances, her testimony was admissible. ( Brady v. M.R. Co., 127 N.Y. 46.)


Summaries of

Martin v. Metropolitan Jockey Club

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1945
268 App. Div. 1061 (N.Y. App. Div. 1945)
Case details for

Martin v. Metropolitan Jockey Club

Case Details

Full title:GEORGE W. MARTIN, Respondent, v. METROPOLITAN JOCKEY CLUB, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1945

Citations

268 App. Div. 1061 (N.Y. App. Div. 1945)

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