Gewirtzman v. Schneider

New York Court of Appeals

Gewirtzman v. Schneider

162 N.E. 532, 248 N.Y. 579, 1928 N.Y. LEXIS 1384

DecidedMay 29, 1928

StatusPublished

This text of 162 N.E. 532 (Gewirtzman v. Schneider) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gewirtzman v. Schneider, 162 N.E. 532, 248 N.Y. 579, 1928 N.Y. LEXIS 1384 (N.Y. 1928).

Pincite

Opinion

Judgment of Appellate Division and that of Trial Term reversed and new trial granted, with costs to abide event, on the ground that the trial judge erroneously charged the jury that as a matter of law the pile of lumber was in the custody and control of the defendants, and that they were alone responsible for any negligence involved in the falling of the pile.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Pound, J.

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Judgment of Appellate Division and that of Trial Term reversed and new trial granted, with costs to abide event, on the ground that the trial judge erroneously charged the jury that as a matter of law the pile of lumber was in the custody and control of the defendants, and that they were alone responsible for any negligence involved in the falling of the pile.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Not sitting: Pound, J.

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Bluebook (online)

162 N.E. 532, 248 N.Y. 579, 1928 N.Y. LEXIS 1384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gewirtzman-v-schneider-ny-1928.