Mayer v. Siebert Motors, Inc.

Appellate Division of the Supreme Court of New York

Mayer v. Siebert Motors, Inc.

264 A.D. 989, 37 N.Y.S.2d 568, 1942 N.Y. App. Div. LEXIS 5654

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1942·Published

Opinion

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the evidence presented questions of fact for the jury. We think it was for the jury to say whether or not decedent was in the attic in the performance of his duties under the contract. AE concur. (The judgment dismisses the complaint in a negligence action.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the evidence presented questions of fact for the jury. We think it was for the jury to say whether or not decedent was in the attic in the performance of his duties under the contract. AE concur. (The judgment dismisses the complaint in a negligence action.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

Mayer v. Siebert Motors, Inc., 264 A.D. 989, 37 N.Y.S.2d 568, 1942 N.Y. App. Div. LEXIS 5654 (N.Y. Ct. App. 1942).

Pincite

264 A.D. 989 (Mayer v. Siebert Motors, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.