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Dutch v. Scudato

7 A.D.2d 623, 179 N.Y.S.2d 298, 1958 N.Y. App. Div. LEXIS 4378
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 5, 1958
StatusPublished

This text of 7 A.D.2d 623 (Dutch v. Scudato) 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
Dutch v. Scudato, 7 A.D.2d 623, 179 N.Y.S.2d 298, 1958 N.Y. App. Div. LEXIS 4378 (N.Y. Ct. App. 1958).

Opinions

Memorandum by the Court. According to the testimony of the plaintiff, her foot caught in a depression underneath the coal hole cover of such nature and dimensions that it could constitute a trap. The photographs which she introduced into evidence are poor representations of the scene of the accident, and do not conclusively establish or rule out such a depression. In any event, the jury saw and decided the probative value of the photographs. This, together with the credibility of the husband’s testimony as to notice, improbable as it seems, were matters solely within the province of the jury, and its verdict should not be disturbed.

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Cite This Page — Counsel Stack

Bluebook (online)
7 A.D.2d 623, 179 N.Y.S.2d 298, 1958 N.Y. App. Div. LEXIS 4378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dutch-v-scudato-nyappdiv-1958.