Pulerwitz v. Commonwealth Fuel Co.

Appellate Terms of the Supreme Court of New York

Pulerwitz v. Commonwealth Fuel Co.

125 Misc. 255, 210 N.Y.S. 504, 1925 N.Y. Misc. LEXIS 869

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1925

StatusPublished

This text of 125 Misc. 255 (Pulerwitz v. Commonwealth Fuel Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pulerwitz v. Commonwealth Fuel Co., 125 Misc. 255, 210 N.Y.S. 504, 1925 N.Y. Misc. LEXIS 869 (N.Y. Ct. App. 1925).

Pincite

Opinion

Per Curiam:

In face of the charge by the learned trial court that plaintiff was under obligation as a pedestrian on the sidewalk to watch where he was going, it was manifest error to refuse to charge plaintiff’s request that the jury might find that failure on the part of defendant to warn pedestrians against the coal hole from which it had removed the cover constituted negligence.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Mullan and Proskauer, JJ.

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Per Curiam:

In face of the charge by the learned trial court that plaintiff was under obligation as a pedestrian on the sidewalk to watch where he was going, it was manifest error to refuse to charge plaintiff’s request that the jury might find that failure on the part of defendant to warn pedestrians against the coal hole from which it had removed the cover constituted negligence.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Mullan and Proskauer, JJ.

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Bluebook (online)

125 Misc. 255, 210 N.Y.S. 504, 1925 N.Y. Misc. LEXIS 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pulerwitz-v-commonwealth-fuel-co-nyappterm-1925.