Mover v. Kellogg's Pure Food, Inc.

Appellate Division of the Supreme Court of New York

Mover v. Kellogg's Pure Food, Inc.

253 A.D. 844, 1 N.Y.S.2d 735, 1938 N.Y. App. Div. LEXIS 8875

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

DecidedJanuary 28, 1938

StatusPublished

This text of 253 A.D. 844 (Mover v. Kellogg's Pure Food, Inc.) 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

Mover v. Kellogg's Pure Food, Inc., 253 A.D. 844, 1 N.Y.S.2d 735, 1938 N.Y. App. Div. LEXIS 8875 (N.Y. Ct. App. 1938).

Pincite

Opinion

Plaintiff suffered injury when he slipped and fell on the wet floor of defendant’s restaurant, of which he was a patron. The jury awarded him damages in the sum of $8,000, and defendant appeals. The plaintiff had suffered a prior accident to the same leg, but the charge of the court limited consideration of damages to the results of the later accident to which proof had been directed. Judgment and order denying defendant’s motion for a new trial affirmed, with costs. No opinion. Hagarty, Davis and Close, JJ., concur; Carswell and Adel, JJ., dissent [845]*845and vote for reversal and a new trial unless plaintiff stipulates to reduce the amount of the verdict to $4,000, being of opinion that the finding that the injury to the knee was due solely to this accident is against the weight of the evidence.

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Plaintiff suffered injury when he slipped and fell on the wet floor of defendant’s restaurant, of which he was a patron. The jury awarded him damages in the sum of $8,000, and defendant appeals. The plaintiff had suffered a prior accident to the same leg, but the charge of the court limited consideration of damages to the results of the later accident to which proof had been directed. Judgment and order denying defendant’s motion for a new trial affirmed, with costs. No opinion. Hagarty, Davis and Close, JJ., concur; Carswell and Adel, JJ., dissent [845]*845and vote for reversal and a new trial unless plaintiff stipulates to reduce the amount of the verdict to $4,000, being of opinion that the finding that the injury to the knee was due solely to this accident is against the weight of the evidence.

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Bluebook (online)

253 A.D. 844, 1 N.Y.S.2d 735, 1938 N.Y. App. Div. LEXIS 8875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mover-v-kelloggs-pure-food-inc-nyappdiv-1938.