Montello v. Kraus & Silverman

New York Court of Appeals

Montello v. Kraus & Silverman

178 N.E. 801, 257 N.Y. 576, 1931 N.Y. LEXIS 960

DecidedOctober 23, 1931

StatusPublished

This text of 178 N.E. 801 (Montello v. Kraus & Silverman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montello v. Kraus & Silverman, 178 N.E. 801, 257 N.Y. 576, 1931 N.Y. LEXIS 960 (N.Y. 1931).

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Opinion

Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event, upon the ground that the evidence, unexplained, is sufficient to sustain an inference by the jury that the hammer striking the plaintiff was dropped by the defendant’s servant; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.

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Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event, upon the ground that the evidence, unexplained, is sufficient to sustain an inference by the jury that the hammer striking the plaintiff was dropped by the defendant’s servant; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.

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Bluebook (online)

178 N.E. 801, 257 N.Y. 576, 1931 N.Y. LEXIS 960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montello-v-kraus-silverman-ny-1931.