Bershad v. Neimand Bros.

Appellate Division of the Supreme Court of New York

Bershad v. Neimand Bros.

260 A.D. 872, 22 N.Y.S.2d 862, 1940 N.Y. App. Div. LEXIS 5161

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1940·Published

Opinion

In an action to recover damages for personal injuries suffered by the plaintiff through falling down an unlighted elevator shaft, he has recovered a judgment against defendant Samuel Gilinsky, from which said defendant appeals. Judgment affirmed, with costs. The question of the negligence of the appellant and the contributory negligence of the plaintiff was properly submitted to the jury, and its findings should not be disturbed. Carswell, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to reverse the judgment and to dismiss the complaint on the ground that plaintiff was guilty of contributory negligence as a matter of law.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries suffered by the plaintiff through falling down an unlighted elevator shaft, he has recovered a judgment against defendant Samuel Gilinsky, from which said defendant appeals. Judgment affirmed, with costs. The question of the negligence of the appellant and the contributory negligence of the plaintiff was properly submitted to the jury, and its findings should not be disturbed. Carswell, Johnston, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to reverse the judgment and to dismiss the complaint on the ground that plaintiff was guilty of contributory negligence as a matter of law.

Bershad v. Neimand Bros., 260 A.D. 872, 22 N.Y.S.2d 862, 1940 N.Y. App. Div. LEXIS 5161 (N.Y. Ct. App. 1940).

Pincite

260 A.D. 872 (Bershad v. Neimand Bros.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.