Schneider v. Merriman

Appellate Division of the Supreme Court of New York

Schneider v. Merriman

256 A.D. 897, 9 N.Y.S.2d 17, 1939 N.Y. App. Div. LEXIS 5294

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

DecidedJanuary 12, 1939

StatusPublished

This text of 256 A.D. 897 (Schneider v. Merriman) 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

Schneider v. Merriman, 256 A.D. 897, 9 N.Y.S.2d 17, 1939 N.Y. App. Div. LEXIS 5294 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appeUant to abide the event, upon the grounds that the finding of the jury — that plaintiff’s injuries were caused by the negligence of the defendant — is against the weight of the evidence and that the admission of testimony, over defendant’s objection and exception, in respect to the condition of defendant’s premises more than two months after the occurrence of the accident — such condition, together with weather conditions, shown to have been dissimilar to those existing at the time of plaintiff’s accident — constituted error which requires reversal of the judgment. AH concur. (The judgment is for plaintiff in an action for damages for personal injuries sustained by reason of falling on ice at the entrance to a theatre. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appeUant to abide the event, upon the grounds that the finding of the jury — that plaintiff’s injuries were caused by the negligence of the defendant — is against the weight of the evidence and that the admission of testimony, over defendant’s objection and exception, in respect to the condition of defendant’s premises more than two months after the occurrence of the accident — such condition, together with weather conditions, shown to have been dissimilar to those existing at the time of plaintiff’s accident — constituted error which requires reversal of the judgment. AH concur. (The judgment is for plaintiff in an action for damages for personal injuries sustained by reason of falling on ice at the entrance to a theatre. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D. 897, 9 N.Y.S.2d 17, 1939 N.Y. App. Div. LEXIS 5294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-merriman-nyappdiv-1939.