Hogan v. National Sellers, Inc.

Appellate Division of the Supreme Court of New York

Hogan v. National Sellers, Inc.

256 A.D. 951, 10 N.Y.S.2d 204, 1939 N.Y. App. Div. LEXIS 5597

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

DecidedFebruary 28, 1939

StatusPublished

This text of 256 A.D. 951 (Hogan v. National Sellers, Inc.) 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

Hogan v. National Sellers, Inc., 256 A.D. 951, 10 N.Y.S.2d 204, 1939 N.Y. App. Div. LEXIS 5597 (N.Y. Ct. App. 1939).

Pincite

Opinion

In an action in the City Court of the City of White Plains for personal injuries caused by an alleged defect in a sidewalk in front of the defendant’s place of business, the plaintiff has recovered judgment from which the defendant appeals. Judgment reversed on the law and the facts, with costs to abide the event, and a new trial ordered. It was error for the court to charge the jury that, as a matter of law, the defendant was in control of the walk where the accident happened. Subsequent repairs might indicate control, but not as a matter of law. It was also error to admit the plaintiff’s Exhibit 3. No proper foundation was laid for its admission. The width of Main street was not legally established. The testimony of the plaintiff’s witness as to its width was an arbitrary conclusion not based upon any facts in the record. Assuming that the public has used this walk for many years as part of the public street, it may be that the municipality is liable for defects in the walk. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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In an action in the City Court of the City of White Plains for personal injuries caused by an alleged defect in a sidewalk in front of the defendant’s place of business, the plaintiff has recovered judgment from which the defendant appeals. Judgment reversed on the law and the facts, with costs to abide the event, and a new trial ordered. It was error for the court to charge the jury that, as a matter of law, the defendant was in control of the walk where the accident happened. Subsequent repairs might indicate control, but not as a matter of law. It was also error to admit the plaintiff’s Exhibit 3. No proper foundation was laid for its admission. The width of Main street was not legally established. The testimony of the plaintiff’s witness as to its width was an arbitrary conclusion not based upon any facts in the record. Assuming that the public has used this walk for many years as part of the public street, it may be that the municipality is liable for defects in the walk. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Bluebook (online)

256 A.D. 951, 10 N.Y.S.2d 204, 1939 N.Y. App. Div. LEXIS 5597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogan-v-national-sellers-inc-nyappdiv-1939.