Shannon v. Bergener

Appellate Division of the Supreme Court of New York

Shannon v. Bergener

263 A.D. 824, 31 N.Y.S.2d 369, 1941 N.Y. App. Div. LEXIS 5148

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

DecidedDecember 1, 1941

StatusPublished

This text of 263 A.D. 824 (Shannon v. Bergener) 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

Shannon v. Bergener, 263 A.D. 824, 31 N.Y.S.2d 369, 1941 N.Y. App. Div. LEXIS 5148 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal by defendant from a judgment entered in favor of the plaintiff upon the verdict of a jury in an action to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. Defendant also appeals from an order denying a motion to set aside the verdict and for a new trial. Judgment reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs. Appeal from order dismissed, without costs. A finding that plaintiff fell on one of the steps because of an alleged defect therein is against the weight of the evidence. For the existence of such an alleged defect defendant was not chargeable with negligence. Lazansky, P. J., Hagarty, Cars-well, Johnston and Adel, JJ., concur.

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Appeal by defendant from a judgment entered in favor of the plaintiff upon the verdict of a jury in an action to recover damages for personal injuries alleged to have been sustained through the negligence of the defendant. Defendant also appeals from an order denying a motion to set aside the verdict and for a new trial. Judgment reversed on the law and the facts, with costs, and complaint dismissed on the law, with costs. Appeal from order dismissed, without costs. A finding that plaintiff fell on one of the steps because of an alleged defect therein is against the weight of the evidence. For the existence of such an alleged defect defendant was not chargeable with negligence. Lazansky, P. J., Hagarty, Cars-well, Johnston and Adel, JJ., concur.

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Bluebook (online)

263 A.D. 824, 31 N.Y.S.2d 369, 1941 N.Y. App. Div. LEXIS 5148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-bergener-nyappdiv-1941.