Weingard v. Putnam Theatrical Corp.

Appellate Division of the Supreme Court of New York

Weingard v. Putnam Theatrical Corp.

225 A.D. 808

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

DecidedJanuary 15, 1929

StatusPublished

This text of 225 A.D. 808 (Weingard v. Putnam Theatrical Corp.) 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

Weingard v. Putnam Theatrical Corp., 225 A.D. 808 (N.Y. Ct. App. 1929).

Pincite

Opinion

Judgment reversed upon the law and new trial granted, costs to appellant to abide the event. The trial court improperly charged the jury that defendant was liable if the carpet was torn and the plaintiff caught her foot in it and fell for that reason. Liability could not be imposed upon defendant unless it was also shown that this condition of the carpet was known to defendant, or had existed for such a length of time that defendant should have known of it, or was of such a nature that it must have existed for such a length of time as to give it notice. Lazansky, P. J., Young, Hagarty and Seeger, JJ., concur; Carswell, J., dissents and votes for reversal and a dismissal of the complaint.

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Judgment reversed upon the law and new trial granted, costs to appellant to abide the event. The trial court improperly charged the jury that defendant was liable if the carpet was torn and the plaintiff caught her foot in it and fell for that reason. Liability could not be imposed upon defendant unless it was also shown that this condition of the carpet was known to defendant, or had existed for such a length of time that defendant should have known of it, or was of such a nature that it must have existed for such a length of time as to give it notice. Lazansky, P. J., Young, Hagarty and Seeger, JJ., concur; Carswell, J., dissents and votes for reversal and a dismissal of the complaint.

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Bluebook (online)

225 A.D. 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weingard-v-putnam-theatrical-corp-nyappdiv-1929.