Moore v. Mohican Co.

Appellate Division of the Supreme Court of New York

Moore v. Mohican Co.

175 A.D. 964, 161 N.Y.S. 1135, 1916 N.Y. App. Div. LEXIS 8693

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

DecidedNovember 15, 1916

StatusPublished

This text of 175 A.D. 964 (Moore v. Mohican Co.) 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

Moore v. Mohican Co., 175 A.D. 964, 161 N.Y.S. 1135, 1916 N.Y. App. Div. LEXIS 8693 (N.Y. Ct. App. 1916).

Pincite

Opinion

Kruse, P. J. (dissenting):

I dissent. I think the case was submitted to the jury upon too narrow a ground, but even at that it seems to me there is evidence to sustain the verdict. It does not seem useful to send the case back simply on the ground that it is against the weight of the evidence. There is abundant proof to show that the floor was not oiled in the usual way, but in a manner to make it unusually slippery, causing people to fall, as was shown by the evidence of actual occurrences. I vote for affirmance.

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Kruse, P. J. (dissenting):

I dissent. I think the case was submitted to the jury upon too narrow a ground, but even at that it seems to me there is evidence to sustain the verdict. It does not seem useful to send the case back simply on the ground that it is against the weight of the evidence. There is abundant proof to show that the floor was not oiled in the usual way, but in a manner to make it unusually slippery, causing people to fall, as was shown by the evidence of actual occurrences. I vote for affirmance.

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Bluebook (online)

175 A.D. 964, 161 N.Y.S. 1135, 1916 N.Y. App. Div. LEXIS 8693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-mohican-co-nyappdiv-1916.