Tobin v. W. T. Grant Co.

Appellate Terms of the Supreme Court of New York

Tobin v. W. T. Grant Co.

17 Misc. 2d 517, 191 N.Y.S.2d 540, 1959 N.Y. Misc. LEXIS 4455

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 23, 1959

StatusPublished

Cited by1 cases

This text of 17 Misc. 2d 517 (Tobin v. W. T. Grant 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

Tobin v. W. T. Grant Co., 17 Misc. 2d 517, 191 N.Y.S.2d 540, 1959 N.Y. Misc. LEXIS 4455 (N.Y. Ct. App. 1959).

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Opinion

Per Curiam.

Under the circumstances existing at or about the time of the fire, defendant was chargeable with the negligence of an employee who was responsible for the fire in the [518]*518elevator pit. The record establishes that the defendant’s manager knew of prior similar incidents where fires were caused by the act of an employee in throwing a lighted cigarette into the elevator pit and that with such knowledge the manager nevertheless failed to adequately supervise the work of the same employees in or about the pit. The plaintiff himself was free from contributory negligence in connection with the death of the chinchillas.

The judgment should be unanimously reversed on the law and facts with $30 costs and judgment directed in favor of the plaintiff in the sum of $3,200 together with appropriate costs in the court below.

Concur — Pette, Hart and Di Giovanna, JJ.

Judgment reversed, etc.

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Per Curiam.

Under the circumstances existing at or about the time of the fire, defendant was chargeable with the negligence of an employee who was responsible for the fire in the [518]*518elevator pit. The record establishes that the defendant’s manager knew of prior similar incidents where fires were caused by the act of an employee in throwing a lighted cigarette into the elevator pit and that with such knowledge the manager nevertheless failed to adequately supervise the work of the same employees in or about the pit. The plaintiff himself was free from contributory negligence in connection with the death of the chinchillas.

The judgment should be unanimously reversed on the law and facts with $30 costs and judgment directed in favor of the plaintiff in the sum of $3,200 together with appropriate costs in the court below.

Concur — Pette, Hart and Di Giovanna, JJ.

Judgment reversed, etc.

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Bluebook (online)

17 Misc. 2d 517, 191 N.Y.S.2d 540, 1959 N.Y. Misc. LEXIS 4455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tobin-v-w-t-grant-co-nyappterm-1959.

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