Drumm v. Montgomery Ward & Co.

Appellate Division of the Supreme Court of New York

Drumm v. Montgomery Ward & Co.

259 A.D. 1106, 21 N.Y.S.2d 290, 1940 N.Y. App. Div. LEXIS 8148

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

DecidedJuly 2, 1940

StatusPublished

This text of 259 A.D. 1106 (Drumm v. Montgomery Ward & Co.) 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

Drumm v. Montgomery Ward & Co., 259 A.D. 1106, 21 N.Y.S.2d 290, 1940 N.Y. App. Div. LEXIS 8148 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal from a judgment of the Supreme Court, entered in the Rensselaer county clerk’s office on August 29, 1939, upon the verdict of a jury for $2,000 damages, $39.34 interest and $148.72 costs, amounting in all to $2,188.06, and from an order denying a motion to set aside the verdict. The action is for personal injuries sustained by the plaintiff when she fell over an ottoman in an aisle in defendant’s retail store. Plaintiff and her husband were walking along an aisle between display counters in defendant’s retail store when she suddenly stumbled and fell over a small dark colored ottoman in the aisle. There is proof that the light at that point in the store was dim and that there were no lights lighted where she fell. The trial court, without exception, submitted to the jury the question as to whether the defendant used reasonable care to see that the aisle in question was properly lighted. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffeman and Schenck, JJ.

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Appeal from a judgment of the Supreme Court, entered in the Rensselaer county clerk’s office on August 29, 1939, upon the verdict of a jury for $2,000 damages, $39.34 interest and $148.72 costs, amounting in all to $2,188.06, and from an order denying a motion to set aside the verdict. The action is for personal injuries sustained by the plaintiff when she fell over an ottoman in an aisle in defendant’s retail store. Plaintiff and her husband were walking along an aisle between display counters in defendant’s retail store when she suddenly stumbled and fell over a small dark colored ottoman in the aisle. There is proof that the light at that point in the store was dim and that there were no lights lighted where she fell. The trial court, without exception, submitted to the jury the question as to whether the defendant used reasonable care to see that the aisle in question was properly lighted. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffeman and Schenck, JJ.

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Bluebook (online)

259 A.D. 1106, 21 N.Y.S.2d 290, 1940 N.Y. App. Div. LEXIS 8148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drumm-v-montgomery-ward-co-nyappdiv-1940.