Murray v. Great Atlantic & Pacific Tea Co.

Appellate Division of the Supreme Court of New York

Murray v. Great Atlantic & Pacific Tea Co.

249 A.D. 826, 293 N.Y.S. 415

Appellate Division of the Supreme Court of the State of New York·Decided January 8, 1937·Published

Opinion

In an action by plaintiff, a customer of defendant, a storekeeper, to recover damages for personal injuries resulting from a fall on the floor of the store, alleged to have been caused by its slippery and dangerous condition owing to spinach leaves thereon, judgment in favor of plaintiff, entered upon a verdict, affirmed, with costs. No opinion. Lazansky, P. J., Carswell and Davis, JJ., concur; Johnston and Taylor, JJ., dissent and vote for reversal and the dismissal of the complaint on the ground that the plaintiff failed to prove facts sufficient to constitute a cause of action.

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In an action by plaintiff, a customer of defendant, a storekeeper, to recover damages for personal injuries resulting from a fall on the floor of the store, alleged to have been caused by its slippery and dangerous condition owing to spinach leaves thereon, judgment in favor of plaintiff, entered upon a verdict, affirmed, with costs. No opinion. Lazansky, P. J., Carswell and Davis, JJ., concur; Johnston and Taylor, JJ., dissent and vote for reversal and the dismissal of the complaint on the ground that the plaintiff failed to prove facts sufficient to constitute a cause of action.

Murray v. Great Atlantic & Pacific Tea Co., 249 A.D. 826, 293 N.Y.S. 415 (N.Y. Ct. App. 1937).

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