Durrenberger v. Ferris

The opinion of the court was delivered by

KIMMELMAN, J.A.D.

Plaintiff G.H. Durrenberger1 appeals both from the entry of a judgment of no cause of action in his personal injury action, and *233from the denial of his motion for a new trial on the ground that the jury’s verdict was inconsistent.

Plaintiff and his wife were patrons at the premises of defendant Ferris Cafe. At closing time, approximately 1:45 a.m., plaintiff was instructed by defendant Ferris not to exit from the cafe through the front door, which had been locked, but to exit through the side door. Plaintiff believed the side door led to…