Mann v. Schimmel

Appellate Division of the Supreme Court of New York

Mann v. Schimmel

242 A.D. 694

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

DecidedJuly 15, 1934

StatusPublished

This text of 242 A.D. 694 (Mann v. Schimmel) 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

Mann v. Schimmel, 242 A.D. 694 (N.Y. Ct. App. 1934).

Pincite

Opinion

Judgment reversed on the law and the facts and a new trial granted, with costs to the appellants to abide the event. In our opinion the finding of the trial justice that the flower pot was securely and firmly fastened to the cement slab upon which it rested is contrary to the evidence. We are also of the opinion that even if the flower pot was caused to fall by the act of the infant plaintiff’s sister, still the plaintiffs could recover against the defendant if defendant’s negligence in failing to obey the ordinance

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Judgment reversed on the law and the facts and a new trial granted, with costs to the appellants to abide the event. In our opinion the finding of the trial justice that the flower pot was securely and firmly fastened to the cement slab upon which it rested is contrary to the evidence. We are also of the opinion that even if the flower pot was caused to fall by the act of the infant plaintiff’s sister, still the plaintiffs could recover against the defendant if defendant’s negligence in failing to obey the ordinance

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Bluebook (online)

242 A.D. 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-schimmel-nyappdiv-1934.