McMahon v. City of Buffalo

Appellate Division of the Supreme Court of New York

McMahon v. City of Buffalo

257 A.D. 916, 12 N.Y.S.2d 116, 1939 N.Y. App. Div. LEXIS 8385

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

DecidedMay 17, 1939

StatusPublished

This text of 257 A.D. 916 (McMahon v. City of Buffalo) 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

McMahon v. City of Buffalo, 257 A.D. 916, 12 N.Y.S.2d 116, 1939 N.Y. App. Div. LEXIS 8385 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment and order affirmed, with costs. Memorandum: The portion of the bottle admitted in evidence and the testimony that it was solidly imbedded in the ground and that its removal was difficult, were ample to permit the jury to draw therefrom the inference that it had been in the park path a sufficient length of time to charge the defendant with constructive notice thereof. AH concur. (The judgment is for plaintiff in a negHgence action. The order denies a motion for a new trial.) Present —■ Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. Memorandum: The portion of the bottle admitted in evidence and the testimony that it was solidly imbedded in the ground and that its removal was difficult, were ample to permit the jury to draw therefrom the inference that it had been in the park path a sufficient length of time to charge the defendant with constructive notice thereof. AH concur. (The judgment is for plaintiff in a negHgence action. The order denies a motion for a new trial.) Present —■ Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

257 A.D. 916, 12 N.Y.S.2d 116, 1939 N.Y. App. Div. LEXIS 8385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-city-of-buffalo-nyappdiv-1939.