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

Procedural entryThis page is a short order in Moore v. Mohican Co.. Read the opinion of the Court — 184 A.D. 962 →

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1916·Published

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.

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).

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175 A.D. 964 (Moore v. Mohican Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.