Calabrese v. James McCreery & Co.

Appellate Terms of the Supreme Court of New York

Calabrese v. James McCreery & Co.

187 Misc. 538, 67 N.Y.S.2d 247, 1946 N.Y. Misc. LEXIS 3219

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 10, 1946

StatusPublished

Cited by1 cases

This text of 187 Misc. 538 (Calabrese v. James McCreery & Co.) 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

Calabrese v. James McCreery & Co., 187 Misc. 538, 67 N.Y.S.2d 247, 1946 N.Y. Misc. LEXIS 3219 (N.Y. Ct. App. 1946).

Pincite

Opinion

Per Curiam.

Memorandum The court erred in refusing to charge as requested by defendant that it owed to the customer the exercise of reasonable care only. On the charge the jury here could have found for plaintiffs simply because the child was attracted to the opening, regardless of whether the place was reasonably safe or the defendant in the exercise of reasonable care could have anticipated a child’s fingers might go into the opening.

The judgment should be unanimously reversed upon the law and new trial granted, with $30 costs to defendant to abide the event.

MacCrate, Smith and Fennelly, JJ., concur.

Judgment reversed, etc.

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