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

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 1939·Published

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.

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

257 A.D. 916 (McMahon v. City of Buffalo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.