Beech v. Weber

Appellate Terms of the Supreme Court of New York

Beech v. Weber

123 Misc. 926, 206 N.Y.S. 718, 1924 N.Y. Misc. LEXIS 1257

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 11, 1924

StatusPublished

Cited by2 cases

This text of 123 Misc. 926 (Beech v. Weber) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beech v. Weber, 123 Misc. 926, 206 N.Y.S. 718, 1924 N.Y. Misc. LEXIS 1257 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

We are of the opinion that plaintiff made out a prima facie case. In Kaufman v. Young, 157 N. Y. Supp. 778, this court stressed the facts that the steps were of slate, and that no oily or greasy substance was used in the cleaning. Here the proof'was that the hallway was cleaned with “ hot soapy water.” The facts in Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554, make the situation there clearly distinguishable from that here, and, furthermore, in his dissenting opinion (194 App. Div. 931) II. T. Kellogg, J., stresses the fact that there was no evidence of the use of soap. We believe the case is controlled by our decision in Bussue v. Wagner Leasing Co., 202 N. Y. Supp. 711, and that the case should have been sent to the jury.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Guy, Bijur and Mullan, JJ.

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Per Curiam.

We are of the opinion that plaintiff made out a prima facie case. In Kaufman v. Young, 157 N. Y. Supp. 778, this court stressed the facts that the steps were of slate, and that no oily or greasy substance was used in the cleaning. Here the proof'was that the hallway was cleaned with “ hot soapy water.” The facts in Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554, make the situation there clearly distinguishable from that here, and, furthermore, in his dissenting opinion (194 App. Div. 931) II. T. Kellogg, J., stresses the fact that there was no evidence of the use of soap. We believe the case is controlled by our decision in Bussue v. Wagner Leasing Co., 202 N. Y. Supp. 711, and that the case should have been sent to the jury.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

All concur; present, Guy, Bijur and Mullan, JJ.

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Bluebook (online)

123 Misc. 926, 206 N.Y.S. 718, 1924 N.Y. Misc. LEXIS 1257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beech-v-weber-nyappterm-1924.

Opinion

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