Cummins v. City of New York

Appellate Division of the Supreme Court of New York

Cummins v. City of New York

281 A.D. 684, 117 N.Y.S.2d 308, 1952 N.Y. App. Div. LEXIS 3245

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1952

StatusPublished

Cited by1 cases

This text of 281 A.D. 684 (Cummins v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cummins v. City of New York, 281 A.D. 684, 117 N.Y.S.2d 308, 1952 N.Y. App. Div. LEXIS 3245 (N.Y. Ct. App. 1952).

Pincite

Opinion

— In an action to recover damages for personal injuries suffered when plaintiff fell on a stairway inside a subway station which, it is claimed, was for the most part covered with snow and slush to the depth of a half inch, during a snowfall, judgment entered on a decision of the trial court setting aside the verdict and [685]*685dismissing the complaint reversed on the facts and a new trial granted, with costs to abide the event. Questions of fact as to the negligence of the defendant and contributory negligence of the plaintiff were presented, but the finding of the jury on these questions is against the weight of the evidence, and the verdict was properly set aside. Nolan, P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.

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— In an action to recover damages for personal injuries suffered when plaintiff fell on a stairway inside a subway station which, it is claimed, was for the most part covered with snow and slush to the depth of a half inch, during a snowfall, judgment entered on a decision of the trial court setting aside the verdict and [685]*685dismissing the complaint reversed on the facts and a new trial granted, with costs to abide the event. Questions of fact as to the negligence of the defendant and contributory negligence of the plaintiff were presented, but the finding of the jury on these questions is against the weight of the evidence, and the verdict was properly set aside. Nolan, P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.

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Bluebook (online)

281 A.D. 684, 117 N.Y.S.2d 308, 1952 N.Y. App. Div. LEXIS 3245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummins-v-city-of-new-york-nyappdiv-1952.

Opinion

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