Owen v. Straight

New York Court of Appeals

Owen v. Straight

196 N.E. 395, 267 N.Y. 453, 1935 N.Y. LEXIS 1237

CourtNew York Court of Appeals

DecidedMay 21, 1935

StatusPublished

Cited by4 cases

This text of 196 N.E. 395 (Owen v. Straight) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Owen v. Straight, 196 N.E. 395, 267 N.Y. 453, 1935 N.Y. LEXIS 1237 (N.Y. 1935).

Pincite

Opinion

Per Curiam.

We agree with the Appellate Division that, “ Under the evidence, irrespective of the origin of the fire, it was a question of fact whether the defendant had used reasonable care to safeguard his guests.” (242 App. Div. 892, 893.) There was, however, no evidence of negligence in respect of the origin of the fire. The refusal so to charge the jury was error for which a new trial should be had.

In each case the judgment of the Appellate Division and that of the Trial Term should be reversed and a new trial granted, with costs to abide the event.

Crane, Ch. J., Lehman, O’Brien, Crouch and Loughran, JJ., concur; Hubbs and Finch, JJ., dissent and vote to reverse and dismiss the complaint.

Judgments reversed, etc.

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