Walz v. Paul Helfer, Inc.
This text of 36 N.E.2d 640 (Walz v. Paul Helfer, Inc.) 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.
Opinion
The record presents issues of fact concerning negligence and freedom from contributory negligence. The washing of the floor of a store during business hours presents a different situation from the cleaning of the stairs of an apartment house (Samuels v. Terry Holding Co., 253 N. Y. 593) or the floor of a railroad station (Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554).
The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event. (See 286 N. Y. 700.)
Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., dissents.
Judgments reversed, etc.
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Cite This Page — Counsel Stack
36 N.E.2d 640, 286 N.Y. 408, 1941 N.Y. LEXIS 1455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walz-v-paul-helfer-inc-ny-1941.