Hamersmith v. Cohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Beila Hamersmith against Eliza Cohn. From an order setting aside a verdict for plaintiff, and ordering a new trial, she appeals. Reversed, and verdict reinstated.
1Opinion of the CourtLehman, J.
The plaintiff was injured by falling down a flight of steps on premises owned by the defendant. The jury awarded her damages of $100, and the trial justice set aside the verdict, on the ground that there is not sufficient evidence to show that the flight of steps was in the control of the defendant. The defendant presented no evidence, but rested at the close of the plaintiff’s case.
There can be no serious question that there was sufficient evidence of the plaintiff’s freedom from contributory negligence and of the defendant’s negligence, if she was in control of the flight of steps. It…
2Cases cited1 opinion
- Kane v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Finkelstein v. SchlanowskyAppellate Terms of the Supreme Court of New York · 1912
- Ginsburg v. F. W. Woolworth & Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Finkelstein v. SchlanowskyAppellate Terms of the Supreme Court of New York · 1913