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

Appellate Terms of the Supreme Court of New York·Decided October 10, 1946·Published·Cited by 1 cases

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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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.

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

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Opinion

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