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

New York Court of Appeals·Decided October 23, 1931·Published

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.

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

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